Competition Law Fragmentation in a Globalizing World

Maher, Imelda

doi:10.1111/lsi.12133

Cited by 2 publications

(1 citation statement)

References 40 publications

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“…The international enforcement landscape has been described as a “heterogenous reality” which is best viewed “as a cluster of islands of domestic enforcement, differing in size, economic power and political interests” (Ezrachi, 2012, p. 5). The fragmentation of the field, especially in the context of enforcement, has been noted (Maher, 2015).…”

Section: Antitrust In the Global Marketplacementioning

confidence: 99%

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

Lucey

2021

JITLP

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Purpose This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes. Design/methodology/approach Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). The strength and shortcomings of traditional “bricks and mortar” institutions such as the European Union (EU) and General Agreement Tariffs and Trade/World Trade Organisation are first examined. Then, the innovative global network of International Competition Network (ICN) is analysed. Findings It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. Examples from the EU and the ICN include measures which find expression in enforcement tools and networks. These initiatives can be seen as experimental responses to the challenges of divergent national antitrust regimes. Research limitations/implications It is desktop research rather than empirical field work. Practical implications To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime. Originality/value It offers some personal reflections on the ICN from the author’s experience as a non-governmental advisor. It draws attention to the ICN’s underappreciated range of educational materials which are freely available on its website to everyone. It submits that the ICN template offers interesting ideas for other fields of international trade law where a global regime is unrealisable. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence. Even if standardisation of norms/processes is too ambitious a goal in other fields of international trade law, the ICN model still offers inspiration as an epistemic community within an inclusive and dynamic forum for encouraging debate and creating a culture of learning opportunities where familiarity and trust is fostered.

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Section: Antitrust In the Global Marketplacementioning

confidence: 99%

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

Lucey

2021

JITLP

View full text Add to dashboard Cite

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Global Fragmentation of Competition Law and BRICS

Svetlicinii

2017

The BRICS-Lawyers' Guide to Global Cooperation

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Along with the World Bank and the IMF, the International Trade Organization (ITO) formed the centrepiece of new kind of international organization in the late 40s. At the time, what was particularly novel about the Havana Charter was that it was not simply or mainly a trade organization like the WTO, its latter day descendent. At its core, the countries of the world, rejected the idea that it was possible to maintain a firewall between trade, development, employment standards and domestic policy. Its most distinctive feature was the integration of an ambitious and successful program to reduce traditional trade barriers, with a wide-angled agreement that addressed investment, employment standards, development, business monopolies and the like. It pioneered the idea that trade disputes had to be settled by consultation and mediation rather than with legal clout. Further it established an institutional linkage between trade and labour standards that would effect a major advance in global governance. Finally it embedded the full employment obligation, along with "a commitment to free markets" as the cornerstone of multilateralism.Despite these accomplishments, the US Congress refused to ratify the Havana Charter even though it had signed it. As a direct consequence, the ITO's collapse represented a significant closure of the full employment era internationally. In the end, it's demise made possible the rapid return of the free trade canon that increasingly, would impose its authority and ideology on all international organizations and on the practice of multilateralism. As this essay concludes, its history compelling because whatever its apparent shortcomings, governments, economists and ordinary people demanded that trade, employment goals and developmental needs should reinforce each other in the world trading system.

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Competition Law Fragmentation in a Globalizing World

Cited by 2 publications

References 40 publications

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks

Global Fragmentation of Competition Law and BRICS

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