1. Global food value chains: A conceptual guide; 2. Rents, power and governance in global value chains; 3. The financialization of land and agriculture: Mechanisms, implications and responses; 4. Agriculture, End to End; 5. New forms of financing the agricultural sector in Brazil: The experience of the soybean Chain; 6. Economic concentration and the food value chain: Legal and economic perspectives; 7. The state of American competition law with respect to the food chain; 8. The Brazilian food value chain and competition policy: An overview of CADE's role – Centrality and inadequacy; 9. Competition concerns in fertilizer import-dependent countries like India and China: Analysing the agrium-potashcorp merger; 10. Russian competition policy over value chains in agricultural and food sectors; 11. The Pioneer/Pannar merger, The maize seed value chain and globalisation; 12. Power in the food value chain: Theory & metrics; 13. Efficiency and fairness: Interdependent discourses in supermarket-supplier relations; 14. China's legal regulation of the abuse of market power by large retailers; 15. Superior bargaining power in Russian contract and competition law; 16. Regulating unfair trading practices in the EU food supply chain: Between market making and market correcting; 17. Food chain certification and the social pluralism of competition law; 18. Hunger games: Connecting the right to food and competition law; 19. Agribiotech patents in the food supply chain: A U.S. perspective; 20. Mergers and product innovation: Seeds and GM crops; 21. The global grain trade: From a ferrymen oligopoly to the sustainable bridge solution.
A comprehensive overview of the law required to regulate global food value chains and make them more accountable to society.
Ioannis Lianos is the President of the Hellenic Competition Commission and Professor of Global Competition Law and Policy at the Faculty of Laws, University College London (UCL). Alexey Ivanov is the Director of the BRICS Competition Law and Policy Center and the HSE–Skolkovo Institute for Law and Development, and Associate Professor at the Faculty of Law, National Research University Higher School of Economics (NRU HSE). Dennis Davis, Judge at the High Court of South Africa, served as judge president of the Competition Appeal Court of South Africa for 20 years. He is also an honorary professor in the Department of Commercial Law at the University of Cape Town.
'This book is an invaluable contribution to the analysis of
politically important, complex and often ignored competition issues
related to the global food value chain. It discusses the
intellectual property regime of fertilizers and seeds, the
imbalance in negotiating power along the chain that have
exploitative and exclusionary effects, the horizontal concentration
reinforced by mergers and the role of international trade and
cartels in a number of agricultural inputs, as well as the abuses
of buying power by large scale retailers. It analyzes why
competition law enforcement has largely failed to deal with those
issues and provides a powerful and thought provoking invitation to
rethink both the goals and the instruments we use. In short, it is
a must read.' Frederic Jenny, President, OECD Competition
Committee
'This collection is a ground-breaking exploration of a quiet global
economic transformation by way of Global Value Chains epitomized by
the food industry. Chapter by chapter, it paints a large canvass
revealing new sources of power and describes how the gains are
allocated (from vulnerable to powerful, from developing to
developed countries). This comprehensive book will surely
prod major rethinking of the traditional paradigms of antitrust
analysis to account holistically for the new global realities.'
Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation at
New York University School of Law
'Global Food Value Chains and Competition Law has a reach that goes
far beyond the specialized technical focus suggested by its title.
It deals with a subject of vast practical importance: food security
for humanity. It asks how the world's population can be fed under a
regime that prevents commercial intermediaries from seizing the
lion's share of the gains of this most indispensable form of trade.
It explores the ways in which producers in the food-producing
economies can be fairly and attractively remunerated without
putting the rest of the world on its knees. Competition and
competition law represent only the surface of a solution. The
countries that feed the world must be helped to turn their
agricultural systems into departments of the knowledge economy,
based on advanced science, technology, and practice, to enhance
productivity without compromising nature. And the countries that
consume the food must become their partners in this transformation.
The commercial intermediaries and the financial interests
associated with them must be put in their place. And national
governments must step forward to give a decisive example of how the
world can govern itself, through cooperation among sovereign
states, without world government.' Roberto Mangabeira Unger, Roscoe
Pound Professor of Law, Harvard Law School
'A really fascinating collection of different point of view, in a
very complex and fast evolving area of law. The authors however
maintain an impressive theoretical consistency and
interdisciplinary ambition. This is legal scholarship at its
prime.' Ugo Mattei, The Alfred and Hanna Fromm Distinguished
Professor Emeritus University of California Hastings. Professor of
Civil Law, University of Turin, Italy
'This book is essential reading for anyone interested in the next
frontier of competition policy. A phenomenal amount of economic
activity, production and international trade takes place in the
context of Global Value Chains. As antitrust increasingly
intersects with geopolitics, a rigorous understanding of GVCs
becomes vital to both antitrust scholarship and anti-monopoly
campaigning. The GVC concept also contains an intriguing
possibility: it allows us to think of dominance beyond the confines
of an artificial domestic market. In so doing, it opens up the
possibility for an entirely different way of thinking about
corporate power, extraction of value and competition, at home and
abroad. This book is the first such treatise to integrate GVC
thinking into competition law.' Michelle Meagher, Co-Founder at
Balanced Economy Project; author of Competition is Killing Us - How
Big Business is Harming Our Society and Planet - and What To Do
About It
'This important volume advances our understanding of food markets
by providing an analytical framework and empirical analysis that
interfaces global value chains and competition law and economics.'
Professor Imraan Valodia, Dean, Faculty of Commerce, Law and
Management, University of the Witwatersrand, Johannesburg, and
Director: Southern Centre for Inequality Studies (SCIS)
'As Seneca, the Stoic philosopher of imperial Rome, expressed in
'The brevity of life', food is confirmed to be the mirror of
reality. By observing the way in which man relates to the meal, in
fact, useful information is gathered on human values, juridical and
non-juridical. In this perspective, I would like to recommend the
reading of this collective book to nourish not the body, as we
usually do, but the individual sensitivity and knowledge of a topic
that has already a seminal importance and it will have more and
more. Indeed, in the incoming years, we will be forced to face
traditional and new legal and economic issues, for example, in
governing the food value chain or in financing the agriculture as
much as other issues of paramount importance for the human being
that this book already considers, analyzes and tries to solve
giving deeply technical solutions.' Guido Alpa, Professor of Civil
Law at the Faculty of Law of the University of Rome La Sapienza
'To stress the importance of this collective book, I would like to
use the words of President John F. Kennedy who, in his Remarks at
the Opening Session of the World Food Congress (June 4, 1963),
paraphrased the idea of another President of the United States,
Franklin Roosevelt, who '… at the launching of the first World Food
Congress, declared that freedom from want and freedom from fear go
hand in hand, and that is true today'. The relevance of food and
its value chains, not merely at a national level but at a global
one, is in the public eyes and this relevance is increasing year by
year. Therefore, it is thanks to practical and technical works,
such as Global Food Value Chains and Competition Law, that we can
clearly understand the actual and future trends of a sector that
have the utmost importance on the life of each single living
being.' Ettore Maria Lombardi, Professor of Private Law, University
of Florence
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