International Investment Law and Competition Law

1. Front Matter

   Pages i-x

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2. Quest for a Sustainable International Investment Regime: Leveling Up Through Competition (Policy) Rules?

   • Friedl Weiss

   Pages 1-24

3. International Investment Law and Public Procurement: An Overview

   • Marc Bungenberg, Fabian Blandfort

   Pages 25-49

4. The Impacts of Local Equity Requirements on Competition

   • Lukas Vanhonnaeker

   Pages 51-72

5. When State Enterprises Have Deeper Pockets: Ensuring Competitive Neutrality in Cross-Border M&A

   • Phil Baumann

   Pages 73-95

6. The Review of National Competition Authorities’ Acts in Investment Arbitration: Setting Limits to ‘Economic Lawfare’ in the 21st Century

   • José Gustavo Prieto Muñoz

   Pages 97-112

7. Are Market Competition and Investment Protection Incompatible in the EU Energy Sector?

   • Belen Olmos Giupponi

   Pages 113-133

8. Stipulating Investors’ Obligations in Investment Agreements as a Suitable Regulatory Approach to Prevent and Remedy Anti-Competitive Behaviour?

   • Karsten Nowrot, Emily Sipiorski

   Pages 135-156

9. Anti-competitive Investor Behaviour and Illegal Investments in Investment Treaty Arbitration

   • Elena Belova

   Pages 157-178

10. The Impact of EU State Aid Law on International Investment Law and Arbitration

    • Paschalis Paschalidis

    Pages 179-201

11. The Complex Relationship Between Competition Law and Investment Arbitration After Achmea: The Novenergía v. Spain Case

    • Millán Requena Casanova

    Pages 203-222

12. Using GATS Article II to Resort to Investment Arbitration

    • Sébastien Manciaux

    Pages 223-235

13. The Use of Evidence Obtained Through a State’s Special Antitrust Powers in Investment Arbitration

    • Krystle M. Baptista, Bianca M. McDonnell

    Pages 237-260

14. Competition and Investment: The Case for 21st Century WTO Law

    • Thomas Cottier

    Pages 261-286

This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

• International investment law
• Competition law
• State aid law
• Public procurement
• EU law
• WTO law
• Anti-trust
• Investor-state dispute settlement
• Distortions of competition

“The book provides a deep understanding of the clashes and overlaps between competition law and international investment law. … The broad spectrum of topics presented, together with the book’s consistency and clarity, makes it a welcome and timely addition to the international legal literature. It constitutes a useful reference for both academics and practitioners who seek guidance on the intricate clashes and overlaps between international investment and competition law.” (Federica Cristani, ICSID Review, September 2, 2021)

• Law School, University of Zaragoza, Zaragoza, Spain

  Katia Fach Gómez

• Athens Public International Law Center, National and Kapodistrian University of Athens, Athens, Greece

  Anastasios Gourgourinis

• French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Panthéon-Assas, Paris, France

  Catharine Titi