Martin Lodge
- Published in print:
- 2003
- Published Online:
- January 2012
- ISBN:
- 9780197262955
- eISBN:
- 9780191734465
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262955.003.0011
- Subject:
- History, European Modern History
Competition policy has been said to lie at the heart of the German social market economy and to have been a key influence on the EC competition regime. This chapter assesses the impact of ...
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Competition policy has been said to lie at the heart of the German social market economy and to have been a key influence on the EC competition regime. This chapter assesses the impact of Europeanization on the competition law policy domain in the light of earlier claims that suggest a marginalization of the Federal Cartel Office. The question is pursued through three case studies that involve three different Europeanization dynamics: those of domestic assimilation of EU policy provisions, of informing policy change at the EU level, and of ‘collision’ between national and Commission policy preferences. The cases cover three distinct policy issues: the Europeanization of domestic competition law, attempts to shape changes to the EC regime's Regulation 17/62, and efforts of the DG Competition to prohibit the fixed-book price agreement between Austria and Germany. While those cases leading to domestic policy change suggest a considerable degree of national ‘resilience’, the example of ‘informing EC policy change’ points to the declining influence of the German approach vis-à-vis other national competition law experiences, Commission preferences, and changing competition policy ‘ideas’.Less
Competition policy has been said to lie at the heart of the German social market economy and to have been a key influence on the EC competition regime. This chapter assesses the impact of Europeanization on the competition law policy domain in the light of earlier claims that suggest a marginalization of the Federal Cartel Office. The question is pursued through three case studies that involve three different Europeanization dynamics: those of domestic assimilation of EU policy provisions, of informing policy change at the EU level, and of ‘collision’ between national and Commission policy preferences. The cases cover three distinct policy issues: the Europeanization of domestic competition law, attempts to shape changes to the EC regime's Regulation 17/62, and efforts of the DG Competition to prohibit the fixed-book price agreement between Austria and Germany. While those cases leading to domestic policy change suggest a considerable degree of national ‘resilience’, the example of ‘informing EC policy change’ points to the declining influence of the German approach vis-à-vis other national competition law experiences, Commission preferences, and changing competition policy ‘ideas’.
Junji Nakagawa
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199604661
- eISBN:
- 9780191731679
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604661.003.0007
- Subject:
- Law, Public International Law
This chapter analyzes international harmonization of competition law and policy. This is the only regulatory area in which no formal international body for harmonization exists, despite repeated ...
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This chapter analyzes international harmonization of competition law and policy. This is the only regulatory area in which no formal international body for harmonization exists, despite repeated attempts to establish such a body in the international arena including a history of failed attempts by the aborted ITO (International Trade Organization) up to the 1990s. Notice is taken of the increasing number of bilateral treaties for competition cooperation, through which parties cooperate in enforcement of their domestic competition laws. Finally, the activities of the ICN (International Competition Network), established in 2001, are analyzed, through which representatives from the competition authorities of member states discuss issues of common interest and work out guiding principles and recommendable practices in competition law and policy.Less
This chapter analyzes international harmonization of competition law and policy. This is the only regulatory area in which no formal international body for harmonization exists, despite repeated attempts to establish such a body in the international arena including a history of failed attempts by the aborted ITO (International Trade Organization) up to the 1990s. Notice is taken of the increasing number of bilateral treaties for competition cooperation, through which parties cooperate in enforcement of their domestic competition laws. Finally, the activities of the ICN (International Competition Network), established in 2001, are analyzed, through which representatives from the competition authorities of member states discuss issues of common interest and work out guiding principles and recommendable practices in competition law and policy.
Junji Nakagawa
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199604661
- eISBN:
- 9780191731679
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604661.001.0001
- Subject:
- Law, Public International Law
International harmonization of economic regulation is an attempt to eliminate, or at least reduce, regulatory diversity in economic policy areas where states have autonomous regulatory jurisdiction. ...
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International harmonization of economic regulation is an attempt to eliminate, or at least reduce, regulatory diversity in economic policy areas where states have autonomous regulatory jurisdiction. In some regulatory areas, its history dates back to the late 19th century, but harmonization efforts have accelerated and intensified particularly since the 1980s. This book is a first attempt to comprehend the phenomenon of international harmonization of economic regulation in its entirety by analyzing its causes and backgrounds as well as negotiating processes involved in a broad range of areas, and by elucidating the impact of harmonization on domestic laws and global economic governance. Through its analysis, this book emphasizes the existence of dynamic regulatory structures and processes of global economic governance consisting of different actors (notably, international harmonizing bodies, states and the private sector) and the interconnectedness of international rule-making and domestic implementation. It also highlights non-legislative (soft law) and non‐juridical aspects (collegial implementation) of the drafting and implementation of harmonized regulation. It thus provides new empirical and theoretical perspectives for understanding international economic law and global economic governance. This book will be of interest to scholars and students of international economic law and international relations, as well as government officials and corporate lawyers dealing with economic regulation in a wide range of areas.Less
International harmonization of economic regulation is an attempt to eliminate, or at least reduce, regulatory diversity in economic policy areas where states have autonomous regulatory jurisdiction. In some regulatory areas, its history dates back to the late 19th century, but harmonization efforts have accelerated and intensified particularly since the 1980s. This book is a first attempt to comprehend the phenomenon of international harmonization of economic regulation in its entirety by analyzing its causes and backgrounds as well as negotiating processes involved in a broad range of areas, and by elucidating the impact of harmonization on domestic laws and global economic governance. Through its analysis, this book emphasizes the existence of dynamic regulatory structures and processes of global economic governance consisting of different actors (notably, international harmonizing bodies, states and the private sector) and the interconnectedness of international rule-making and domestic implementation. It also highlights non-legislative (soft law) and non‐juridical aspects (collegial implementation) of the drafting and implementation of harmonized regulation. It thus provides new empirical and theoretical perspectives for understanding international economic law and global economic governance. This book will be of interest to scholars and students of international economic law and international relations, as well as government officials and corporate lawyers dealing with economic regulation in a wide range of areas.
Daniel J. Gifford and Robert T. Kudrle
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780226176109
- eISBN:
- 9780226176246
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226176246.001.0001
- Subject:
- Law, Company and Commercial Law
This book aims to resolve a puzzle: how can two systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language, reach very different ...
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This book aims to resolve a puzzle: how can two systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language, reach very different results on a number of current, significant antitrust issues? The most important provisions of the Sherman Act and the competition sections of the Treaty Founding the European Union are striking similar, but a combination of differences in social values, political institutions, and legal precedent retard close convergence. The work explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, and intellectual property in the context of dynamic competition. In each area we focus on how the prevalent antitrust analyses differ between the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these areas relate to those in other areas. The book also tracks several substantive themes that appear across the chapters, such as pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. We conclude with forecasts and suggestions about how greater compatibility if not convergence might ultimately be attained.Less
This book aims to resolve a puzzle: how can two systems of competition law and policy, whose enforcement and judicial institutions employ similar concepts and legal language, reach very different results on a number of current, significant antitrust issues? The most important provisions of the Sherman Act and the competition sections of the Treaty Founding the European Union are striking similar, but a combination of differences in social values, political institutions, and legal precedent retard close convergence. The work explores the main contested areas of contemporary antitrust: mergers, price discrimination, predatory pricing, exclusive supply, conditional rebating, and intellectual property in the context of dynamic competition. In each area we focus on how the prevalent antitrust analyses differ between the EU and the U.S., the policy ramifications of these differences, and how the analyses used by the enforcement authorities or the courts in each of these areas relate to those in other areas. The book also tracks several substantive themes that appear across the chapters, such as pricing incentives and constraints, welfare effects, and whether competition tends to be viewed as an efficiency generating process or as rivalry. We conclude with forecasts and suggestions about how greater compatibility if not convergence might ultimately be attained.
Yane Svetiev
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780198724506
- eISBN:
- 9780191792113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198724506.003.0007
- Subject:
- Political Science, European Union, Comparative Politics
The chapter examines three processes that disclose a turn towards experimentalist governance in transnational competition policy. The first results from the growing formalization of the interactions ...
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The chapter examines three processes that disclose a turn towards experimentalist governance in transnational competition policy. The first results from the growing formalization of the interactions between the US and the EU, which has enabled their authorities to learn from each other’s practices, but also to document and revise such learning.. A second process stems from attempts to make the International Competition Network more useful for newer agencies from the developing world, resulting in the identification of informed divergence as an important objective. Not only does this explicitly recognize members’ freedom to contextualize ICN recommended practices, but it has led to efforts to monitor and review national implementation. Finally, there is evidence that the EU’s promotion of competition policy does not focus on transplanting the EU model to other jurisdictions, but seeks both to co-design the rules and institutions with recipient states and to jointly monitor their performance.Less
The chapter examines three processes that disclose a turn towards experimentalist governance in transnational competition policy. The first results from the growing formalization of the interactions between the US and the EU, which has enabled their authorities to learn from each other’s practices, but also to document and revise such learning.. A second process stems from attempts to make the International Competition Network more useful for newer agencies from the developing world, resulting in the identification of informed divergence as an important objective. Not only does this explicitly recognize members’ freedom to contextualize ICN recommended practices, but it has led to efforts to monitor and review national implementation. Finally, there is evidence that the EU’s promotion of competition policy does not focus on transplanting the EU model to other jurisdictions, but seeks both to co-design the rules and institutions with recipient states and to jointly monitor their performance.
