The Global Dominance of European Competition Law Over American Antitrust Law

Bradford, Anu; Chilton, Adam S.; Linos, Katerina; Weaver, Alexander

doi:10.1111/jels.12239

Cited by 27 publications

(9 citation statements)

References 43 publications

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“…established,[that] the company is abusing its dominant position." 150 In terms of merger control, the European Union tends to challenge conglomerate and vertical mergers, 151 regardless of the home jurisdiction of the merging firms. 152 For the United States, the goal of competition law has been almost entirely dominated by concerns about efficiency and consumer welfare.…”

Section: B What Underlies This Complacency? 1 the Global Regulatory R...mentioning

confidence: 99%

Rethinking Decentralized Antitrust Regimes: A Window on the Future of Protectionism and Overregulation

Shen¹

2023

jlc

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Over 100 jurisdictions have a domestic competition law, making competition law one of the most widespread forms of economic regulation around the world. The existing decentralized antitrust regimes have increased transaction costs and uncertainties, enforcement conflicts, antitrust protectionism, and global overenforcement of antitrust laws. Yet international coordination has received little attention. Why? Two interest-based explanations suggest that the European Union and the United States have adopted different approaches to regulating competition, making the two leading regulators race to spread their regulatory models. Moreover, the balance of benefits under existing international legal rules continues to favor major corporations in both developed and developing countries. As a result, the developed world, particularly the United States, has viewed attempts at multilateral coordination as against its interests. This Article challenges this conventional wisdom. It argues that the increasing heterogeneity among decentralized antitrust regimes poses a larger long-term threat to the US than is commonly believed. A closer examination of the proliferation of antitrust laws demonstrates why antitrust protectionism and overregulation are not temporary and not destined to level off. In addition, as more developing countries have the capacity to prosecute multinationals and as the strictest jurisdiction has the power to set the de facto world standard, today’s positive balance of benefits will disappear tomorrow. This Article argues that the United States should reverse its hands-off approach to international antitrust coordination and instead enact proposals that place greater convergence among national antitrust regimes. It highlights why the present moment is an opportune time to initiate, but notes that the window for initiation is likely to close as developing countries acquire increased economic strength and enforcement capacity.

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Section: B What Underlies This Complacency? 1 the Global Regulatory R...mentioning

confidence: 99%

Rethinking Decentralized Antitrust Regimes: A Window on the Future of Protectionism and Overregulation

Shen¹

2023

jlc

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“…For instance, in the late 1970s, when the Chicago school gained influence, U.S. courts adopted a pro market doctrine based on the efficiency approach. On the European continent, the relative incompleteness of the legal texts establishing competition policy allowed for multiple interpretations (Marty 2014;Gerber 1994); however, the original ordoliberal doctrine was preserved, leading to different decisions between the European and the American competition authorities (Bradford et al 2019).…”

Section: The Digital Revolution and Its Challenges For The Regulation...mentioning

confidence: 99%

“…Under the supervision of commissioner Neelie Kroes, the EU competition policy seemed to move in this direction. But in the 2010s, with Joaquín Almunia and Margrethe Vestager at the helm of the European Competition Commission, another shift took place in the opposite direction and many digital firms were sanctioned for abusing their dominant position or for their ability to evade taxes (Bradford et al 2019).…”

Section: The Digital Revolution and Its Challenges For The Regulation...mentioning

confidence: 99%

How the Digital Economy Challenges the Neoliberal Agenda: Lessons from the Antitrust Policies

Cayla

2022

Journal of Economic Issues

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Conceived in the 1930s as a way to renew free market liberalism, neoliberal doctrines aim to institute a competitive order that would regulate the market as well as society. Yet, interpretations of how competition should be enforced have varied throughout history. The European Union, with its ordoliberal origins, tends to follow an interventionist approach while the United States, where the Chicago School has gained influence, fears that inadequate public interventions may diminish global efficiency. The digital revolution and the appearance of the Tech Giants introduces a new challenge. Faced with massive increasing returns to scale, the competition authorities initially reduced their interventionism to enjoy more market efficiency. But the emergence of digital platforms and the will to protect personal data from abusive uses pushes them now to adopt a new strategy for more interventions that goes beyond the economic and efficiency issues. This paper argues that the neoliberal vision is no longer accurate to regulate the digital economy. It shows that the platform economy is not an alternative way to manage the market, but an alternative to the market itself. To face these issues, a completely new conception of public regulation is therefore needed.

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“…Rather, there are a number of areas that have the potential to address certain aspects or areas of it. His focus on EU's regulatory framework is relevant as competition regulators in the EU are generally seen as more aggressive than their US counterparts, and the EU's competition laws are more widely emulated than those of the US (Bradford et al , 2019). Similarly, consumer protection laws in the EU are viewed as being “among the strongest in the world and should be seen as golden standards” (Goyens, 2020, p. 206), and the same can be said for its data protection laws (Satariano, 2018).…”

Section: Legal Enforcementmentioning

confidence: 99%

Algorithmic pricing in hospitality and tourism: call for research on ethics, consumer backlash and CSR

Rest

Sears

Kuokkanen

et al. 2022

JHTI

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PurposeThis viewpoint paper calls for research on the social impact that comes with implementing algorithmic pricing in hospitality and tourism, in particular online price discrimination. It seeks to broaden the literature on consumer backlash and corporate social responsibility (CSR) to include algorithmic pricing.Design/methodology/approachAs algorithmic pricing will become increasingly important in hospitality and tourism, the authors argue that scholarly attention should be directed to two topics.FindingsFirst, there is a need for research on how algorithmic pricing triggers consumer backlash and online firestorms, and how these can be detected, prevented, and mitigated. Second, the authors need to increase our understanding of how deception, misconduct, dishonesty, and injustice in algorithmic pricing impact CSR performance, especially when differential pricing is enticed by deceptive yet legal algorithmic applications of indirect behavioral “self-selection” mechanisms.Social implicationsAlgorithmic price discrimination has been criticized for its potential to harm consumers, and doubt is cast upon the current ability of legal frameworks to set minimum standards of behavior.Originality/valueAlgorithmic pricing includes a variety of computerized pricing applications aimed at increasing revenue and minimizing opportunity costs. With early use by airlines decades ago its diffusion has gradually extended to other sectors including hospitality and tourism. While algorithms are expected to increasingly impact pricing decisions, little research can be found on the topic, with the exception of a vigorous debate in the policy literature on its ethical implications and regulatory needs.

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The Global Dominance of European Competition Law Over American Antitrust Law

Cited by 27 publications

References 43 publications

Rethinking Decentralized Antitrust Regimes: A Window on the Future of Protectionism and Overregulation

Rethinking Decentralized Antitrust Regimes: A Window on the Future of Protectionism and Overregulation

How the Digital Economy Challenges the Neoliberal Agenda: Lessons from the Antitrust Policies

Algorithmic pricing in hospitality and tourism: call for research on ethics, consumer backlash and CSR

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