The Design of Competition Law Institutions: Global Norms, Local Choices

Hardcover | January 4, 2013

EditorEleanor M. Fox, Michael J. Trebilcock

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Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence frominternational institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptionsof influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and ofconsultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU,as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offerlessons for all interested in competition law and global governance.

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Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence frominternational institutions. Studying the pro...

Before joining the faculty of NYU Law School, Eleanor Fox was a partner at the New York law firm Simpson Thacher and Bartlett. She has served as a member of the International Competition Policy Advisory Committee to the Attorney General of the U.S. Department of Justice ('97-2000) and as a Commissioner on President Carter's National C...

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Format:HardcoverDimensions:528 pages, 9.21 × 6.14 × 0.1 inPublished:January 4, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199670048

ISBN - 13:9780199670048

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Table of Contents

1. Eleanor Fox and Michael Trebilcock: The GAL Competition Project: The Global NormsAppendix: The Template - Outline of Elements Addressed in the Jurisdictional Studies2. Simon Peart: Australia and New Zealand3. Edward Iacobucci and Michael Trebilcock: Canada4. Francisco Aguero and Santiago Montt: Chile5. Jessica Su and Xiaoye Wang: China6. Harry First and Tadashi Shiraishi: Japan7. Dennis Davis and Lara Granville: South Africa8. Harry First, Eleanor Fox, and Daniel E. Hemli: The United States9. Ioannis Lianos and Arianna Andreangeli: The European Union10. Eleanor Fox and Amedeo Arena: The International Institutions of Competition Law: The Systems' Norms