Yong Huang
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0012
- Subject:
- Law, Public International Law
With the gradual perfection of a trade policy integration mechanism as represented by the WTO, the tangible frontier barrier is fading, and the focus is now on the intangible domestic barrier. ...
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With the gradual perfection of a trade policy integration mechanism as represented by the WTO, the tangible frontier barrier is fading, and the focus is now on the intangible domestic barrier. Coordination of competition policies is emerging on the forum of economic policy agendas. Developed countries, developing countries, international organizations, regional organizations, and international networks have all been involved in the global regulation structure of competition policies. This chapter analyzes the shaping of competition policy and, using China as an example, discusses the possibility of the international coordination of competition policy based on an analysis of the international coordination framework.Less
With the gradual perfection of a trade policy integration mechanism as represented by the WTO, the tangible frontier barrier is fading, and the focus is now on the intangible domestic barrier. Coordination of competition policies is emerging on the forum of economic policy agendas. Developed countries, developing countries, international organizations, regional organizations, and international networks have all been involved in the global regulation structure of competition policies. This chapter analyzes the shaping of competition policy and, using China as an example, discusses the possibility of the international coordination of competition policy based on an analysis of the international coordination framework.
Mark A. Pollack
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199251179
- eISBN:
- 9780191600111
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199251177.003.0006
- Subject:
- Political Science, European Union
The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established ...
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The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established by member governments to limit supranational discretion. Examines three cases of market liberalization representing a range of control mechanisms, in the areas of external trade (negotiation of the Uruguay Round), competition policy (the De Havilland merger decision) and the free movement of goods within the Union (ECJ jurisprudence from Cassis de Dijon through Keck). Taken together, these three case studies suggest that the Commission and the Court have indeed been activist in their mission to establish a single European market, but also that their successes have been limited as a function of the control mechanisms established by member governments to control their discretion.Less
The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established by member governments to limit supranational discretion. Examines three cases of market liberalization representing a range of control mechanisms, in the areas of external trade (negotiation of the Uruguay Round), competition policy (the De Havilland merger decision) and the free movement of goods within the Union (ECJ jurisprudence from Cassis de Dijon through Keck). Taken together, these three case studies suggest that the Commission and the Court have indeed been activist in their mission to establish a single European market, but also that their successes have been limited as a function of the control mechanisms established by member governments to control their discretion.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0002
- Subject:
- Political Science, Political Economy
This chapter focuses on competition policy and locates the study of competition policy within the broader terrain of comparative public policy studies. This is essential to understand not only the ...
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This chapter focuses on competition policy and locates the study of competition policy within the broader terrain of comparative public policy studies. This is essential to understand not only the nature of evidence, but also the difficulty in mounting convincing efforts in comparative analysis in this policy field. Competition and competition policy are not the same thing. However, understanding the former is crucial, and it starts with economics and economists. Understanding the latter means one has to deal with politics. The chapter sketches key features of the basic analytical challenge in the comparative study of competition policy. It outlines the four levels of analysis needed for a full appreciation of the politics of competition policy: macro, mesco, micro, and international.Less
This chapter focuses on competition policy and locates the study of competition policy within the broader terrain of comparative public policy studies. This is essential to understand not only the nature of evidence, but also the difficulty in mounting convincing efforts in comparative analysis in this policy field. Competition and competition policy are not the same thing. However, understanding the former is crucial, and it starts with economics and economists. Understanding the latter means one has to deal with politics. The chapter sketches key features of the basic analytical challenge in the comparative study of competition policy. It outlines the four levels of analysis needed for a full appreciation of the politics of competition policy: macro, mesco, micro, and international.
Patrick Le Galès
- Published in print:
- 2001
- Published Online:
- April 2004
- ISBN:
- 9780199247967
- eISBN:
- 9780191601088
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019924796X.003.0007
- Subject:
- Political Science, European Union
An examination is made of how tensions that develop between supranational and national governance structures are resolved, given the institutionalization taking place at the European level. The focus ...
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An examination is made of how tensions that develop between supranational and national governance structures are resolved, given the institutionalization taking place at the European level. The focus is on two national policy domains – state aids and regional development – and the author explains how, since the mid-1980s, European Union (EU) officials have succeeded in inducing their French counterparts to alter legislation and administrative practices once assumed to be fundamentally immune to external influence – a process that is increasingly referred to as the ‘Europeanization of the nation state’. The view taken is that Europeanization took place in a series of ‘rounds’ that have followed a common sequence: disagreement about the nature and scope of EU rules in national regimes; open contestation between supranational and national officials; the fixing of a new or clarified rule on the part of EU officials; and, finally, the grudging acceptance of the rule by the French. After each round, new patterns of French resistance emerged, but the rules of the game governing these interactions are fixed by the results of previous rounds, and come to be more or less taken for granted by actors at both levels; it is argued that the overall process tends to favour the expansion and diffusion of EU modes of governance, and the weakening of specifically national modes. The chapter is divided into three main sections: the first provides a summary overview of the development of EU competition policy and its intersections with state aids and regional policy; the second focuses on state aids in two sectors (French regional and industrial policy), which are analysed against the backdrop of the development of European competition law; and the third part discusses conflicts over the meaning of European rules in relation to the process of ‘endogenous’ institutional change.Less
An examination is made of how tensions that develop between supranational and national governance structures are resolved, given the institutionalization taking place at the European level. The focus is on two national policy domains – state aids and regional development – and the author explains how, since the mid-1980s, European Union (EU) officials have succeeded in inducing their French counterparts to alter legislation and administrative practices once assumed to be fundamentally immune to external influence – a process that is increasingly referred to as the ‘Europeanization of the nation state’. The view taken is that Europeanization took place in a series of ‘rounds’ that have followed a common sequence: disagreement about the nature and scope of EU rules in national regimes; open contestation between supranational and national officials; the fixing of a new or clarified rule on the part of EU officials; and, finally, the grudging acceptance of the rule by the French. After each round, new patterns of French resistance emerged, but the rules of the game governing these interactions are fixed by the results of previous rounds, and come to be more or less taken for granted by actors at both levels; it is argued that the overall process tends to favour the expansion and diffusion of EU modes of governance, and the weakening of specifically national modes. The chapter is divided into three main sections: the first provides a summary overview of the development of EU competition policy and its intersections with state aids and regional policy; the second focuses on state aids in two sectors (French regional and industrial policy), which are analysed against the backdrop of the development of European competition law; and the third part discusses conflicts over the meaning of European rules in relation to the process of ‘endogenous’ institutional change.
Thomas L. Brewer and Stephen Young
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198293156
- eISBN:
- 9780191684951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198293156.003.0010
- Subject:
- Business and Management, International Business, Political Economy
Competition policy is a key constituent of the liberalization conditions for market efficiency. This chapter analyses the relationships among competition policy, trade policy, and anti-dumping ...
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Competition policy is a key constituent of the liberalization conditions for market efficiency. This chapter analyses the relationships among competition policy, trade policy, and anti-dumping policy. It also discusses the competition policy developments at national, bilateral, regional, and international levels. The objectives of this chapter are: to consider the requirement for the international competition policy as part of the evolving framework of international business rules; to evaluate the existing structure of national, regional, and international laws together with progress in transnational cooperation and to highlight deficiencies which exist; and to review the proposals which have been made to strengthen international cooperation and rules.Less
Competition policy is a key constituent of the liberalization conditions for market efficiency. This chapter analyses the relationships among competition policy, trade policy, and anti-dumping policy. It also discusses the competition policy developments at national, bilateral, regional, and international levels. The objectives of this chapter are: to consider the requirement for the international competition policy as part of the evolving framework of international business rules; to evaluate the existing structure of national, regional, and international laws together with progress in transnational cooperation and to highlight deficiencies which exist; and to review the proposals which have been made to strengthen international cooperation and rules.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0008
- Subject:
- Political Science, Political Economy
This chapter illustrates the role of Directorate General IV (DG IV) in establishing the terms under which the European economy integrates. DG IV has moved competition enforcement into new areas like ...
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This chapter illustrates the role of Directorate General IV (DG IV) in establishing the terms under which the European economy integrates. DG IV has moved competition enforcement into new areas like utility and regulation. This has innovated its legal powers, focused on some sectors and issues, and developed linkages with other policy areas. The growth in influence of Europe competition policy and of DG IV up to 1990–1 was based on a complex conjunction of factors but was grounded in quite exceptional legal powers. There are profound ambiguities running through ‘the institution’ of competition policy although the policy itself is conventionally justified in terms of economic welfare. In Europe, the competition rules are as much designed to allow equality of participation in the common market as they are to maximize the efficiency of the market.Less
This chapter illustrates the role of Directorate General IV (DG IV) in establishing the terms under which the European economy integrates. DG IV has moved competition enforcement into new areas like utility and regulation. This has innovated its legal powers, focused on some sectors and issues, and developed linkages with other policy areas. The growth in influence of Europe competition policy and of DG IV up to 1990–1 was based on a complex conjunction of factors but was grounded in quite exceptional legal powers. There are profound ambiguities running through ‘the institution’ of competition policy although the policy itself is conventionally justified in terms of economic welfare. In Europe, the competition rules are as much designed to allow equality of participation in the common market as they are to maximize the efficiency of the market.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0011
- Subject:
- Political Science, Political Economy
This chapter reviews the discussions in the preceding chapters. The core intellectual debate about competition policy ideas is still largely among economists but law, business administration, and ...
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This chapter reviews the discussions in the preceding chapters. The core intellectual debate about competition policy ideas is still largely among economists but law, business administration, and other disciplines are also engaged. The chapters provided an analysis of six jurisdictions, and hence opened up the opportunity for comparative analysis. The discussion of the political salience of competition policy, its original rationale, and extent of jurisdiction provides a context for the analysis of institutions and process. The degree to which competition generates societal approval naturally affects the legitimacy of competition policy and the environment of co-operation within which the competition policy institutions operate.Less
This chapter reviews the discussions in the preceding chapters. The core intellectual debate about competition policy ideas is still largely among economists but law, business administration, and other disciplines are also engaged. The chapters provided an analysis of six jurisdictions, and hence opened up the opportunity for comparative analysis. The discussion of the political salience of competition policy, its original rationale, and extent of jurisdiction provides a context for the analysis of institutions and process. The degree to which competition generates societal approval naturally affects the legitimacy of competition policy and the environment of co-operation within which the competition policy institutions operate.
G. Bruce Doern and Stephen Wilks (eds)
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.001.0001
- Subject:
- Political Science, Political Economy
This book studies competition policy, an area which has emerged as a vibrant and influential discipline within the study of economic policy and policy making. The victory of market economics means ...
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This book studies competition policy, an area which has emerged as a vibrant and influential discipline within the study of economic policy and policy making. The victory of market economics means that every capitalist country has created or intensified competition policy. The book compares the six ‘model’ policy regimes of the USA, Germany, Japan, the UK, Canada, and the European Union. The role of institutions and political process in controlling monopolies, cartels, and mergers is emphasised. The case for convergence and the emergence of a global regime is evaluated. Cutting through the traditional arena of lawyers and economists, this book provides incisive political analysis of the mechanics of international competition policy.Less
This book studies competition policy, an area which has emerged as a vibrant and influential discipline within the study of economic policy and policy making. The victory of market economics means that every capitalist country has created or intensified competition policy. The book compares the six ‘model’ policy regimes of the USA, Germany, Japan, the UK, Canada, and the European Union. The role of institutions and political process in controlling monopolies, cartels, and mergers is emphasised. The case for convergence and the emergence of a global regime is evaluated. Cutting through the traditional arena of lawyers and economists, this book provides incisive political analysis of the mechanics of international competition policy.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0006
- Subject:
- Political Science, Political Economy
This chapter argues that competition policy in the UK has reached a level of legal sophistication which inhibits the layperson and even the non-specialist lawyer. But complexity is not a sufficient ...
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This chapter argues that competition policy in the UK has reached a level of legal sophistication which inhibits the layperson and even the non-specialist lawyer. But complexity is not a sufficient answer for low political salience: there is more a profound strain of ambiguity running through competition policy and the British reception of it. The battle to reintroduce real competition into the British industrial economy was waged within government during 1943–4. The origins of British competition policy had more to do with the pragmatic pursuit of policy goals than with the purity of economic doctrine or the righting of social injustice. British competition policy is currently going through an extraordinarily long, drawn-out period of reform. A review of the law on restrictive trade practices was announced by the then Secretary of State for Trade and Industry, Paul Channon, in 1986, and there has been ten years of legislative inaction.Less
This chapter argues that competition policy in the UK has reached a level of legal sophistication which inhibits the layperson and even the non-specialist lawyer. But complexity is not a sufficient answer for low political salience: there is more a profound strain of ambiguity running through competition policy and the British reception of it. The battle to reintroduce real competition into the British industrial economy was waged within government during 1943–4. The origins of British competition policy had more to do with the pragmatic pursuit of policy goals than with the purity of economic doctrine or the righting of social injustice. British competition policy is currently going through an extraordinarily long, drawn-out period of reform. A review of the law on restrictive trade practices was announced by the then Secretary of State for Trade and Industry, Paul Channon, in 1986, and there has been ten years of legislative inaction.
Mario L. Possas and Heloisa Borges
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199235261
- eISBN:
- 9780191715617
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235261.003.0017
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Competition policy, especially antitrust, is not usually seen as part of an industrial policy framework. In fact, these are often viewed as conflicting with each other. This chapter discusses the ...
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Competition policy, especially antitrust, is not usually seen as part of an industrial policy framework. In fact, these are often viewed as conflicting with each other. This chapter discusses the role that should be ascribed, under a broadly defined “evolutionary” framework, to competition policy within or at least related to industrial policies. It argues that above a certain development threshold, competition policies and other industry-fostering policies tend to be complementary rather than in conflict with each other. In this light, the chapter discusses the experience of selected developed economies as well as newly industrialized ones, examining both competition and industrial policies alongside the process of industrial development.Less
Competition policy, especially antitrust, is not usually seen as part of an industrial policy framework. In fact, these are often viewed as conflicting with each other. This chapter discusses the role that should be ascribed, under a broadly defined “evolutionary” framework, to competition policy within or at least related to industrial policies. It argues that above a certain development threshold, competition policies and other industry-fostering policies tend to be complementary rather than in conflict with each other. In this light, the chapter discusses the experience of selected developed economies as well as newly industrialized ones, examining both competition and industrial policies alongside the process of industrial development.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0010
- Subject:
- Political Science, Political Economy
This chapter examines two political factors contributing to the greater internationalization of competition policy: the political power of nation-states and business, and the influence of ...
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This chapter examines two political factors contributing to the greater internationalization of competition policy: the political power of nation-states and business, and the influence of international organizations and inter-agency relations within states. The chapter begins with a brief conceptual map of key terms inherent in dealing with the internationalization of competition policy: internationalization;, regimes, and institutions. The notion of ‘internationalizing’ competition policy is intended to evoke a process that is propelled by, but goes beyond, globalization. The definitional gray area ‘regimes versus institutions’ is also central to the analysis. The concept of regimes is also used in the study of domestic public policy and regulation for a related but somewhat different set of reasons. The internationalization of competition policy is affected by the traditional characteristics of international politics where issues and judgements of relative power among states are present.Less
This chapter examines two political factors contributing to the greater internationalization of competition policy: the political power of nation-states and business, and the influence of international organizations and inter-agency relations within states. The chapter begins with a brief conceptual map of key terms inherent in dealing with the internationalization of competition policy: internationalization;, regimes, and institutions. The notion of ‘internationalizing’ competition policy is intended to evoke a process that is propelled by, but goes beyond, globalization. The definitional gray area ‘regimes versus institutions’ is also central to the analysis. The concept of regimes is also used in the study of domestic public policy and regulation for a related but somewhat different set of reasons. The internationalization of competition policy is affected by the traditional characteristics of international politics where issues and judgements of relative power among states are present.
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0004
- Subject:
- Political Science, Political Economy
This chapter focuses on political and institutional developments over the last decade centered on the enactment of the 1986 Competition Act. It examines the politics of Canada's competition policy ...
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This chapter focuses on political and institutional developments over the last decade centered on the enactment of the 1986 Competition Act. It examines the politics of Canada's competition policy institutions and the Canadian competition policy-making and decision-making process. The Canadian competition policy system also involves a set of other players both within the structure of the federal government and among provincial governments. The Canadian competition policy system suggests five overall conclusions, one of which is that the 1986 Competition Act, while a marked change from its predecessor legislation, is still much closer to a controlled system of discretionary case-based micro-economic governance than it is to a transparent rule-based regime for ensuring competition.Less
This chapter focuses on political and institutional developments over the last decade centered on the enactment of the 1986 Competition Act. It examines the politics of Canada's competition policy institutions and the Canadian competition policy-making and decision-making process. The Canadian competition policy system also involves a set of other players both within the structure of the federal government and among provincial governments. The Canadian competition policy system suggests five overall conclusions, one of which is that the 1986 Competition Act, while a marked change from its predecessor legislation, is still much closer to a controlled system of discretionary case-based micro-economic governance than it is to a transparent rule-based regime for ensuring competition.
Thomas Greaney
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195390131
- eISBN:
- 9780199775934
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390131.003.006
- Subject:
- Law, Medical Law
This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health ...
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This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health care policy: Why have market forces failed to counteract organizational fragmentation? Answering this question requires an understanding of how competition policy is inexorably linked to the organizational architecture of health care and how the fragmentation that bedevils those arrangements has undermined its success. The chapter concludes with a negative assessment of recent consumer-driven approaches, finding them likely to increase fragmentation and incapable of delivering the benefits of competition.Less
This chapter traces the path of competition law in health care and explains its chicken-and-egg relationship with provider organizational arrangements. It explores a central puzzle for future health care policy: Why have market forces failed to counteract organizational fragmentation? Answering this question requires an understanding of how competition policy is inexorably linked to the organizational architecture of health care and how the fragmentation that bedevils those arrangements has undermined its success. The chapter concludes with a negative assessment of recent consumer-driven approaches, finding them likely to increase fragmentation and incapable of delivering the benefits of competition.
Andrew T. Guzman (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.001.0001
- Subject:
- Law, Public International Law
This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which ...
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This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy. The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the Europen Union, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes.Less
This book illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy. The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the Europen Union, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes.
Martin Hellwig
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566358
- eISBN:
- 9780191722790
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566358.003.0008
- Subject:
- Economics and Finance, Public and Welfare, International
This chapter discusses the respective roles of competition policy and sector-specific regulation for industries such as telecommunications, electricity, and gas, in which network infrastructures that ...
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This chapter discusses the respective roles of competition policy and sector-specific regulation for industries such as telecommunications, electricity, and gas, in which network infrastructures that are natural monopolies serve as essential facilities for anybody who wants to provide services in downstream markets. Whereas, in the past, such industries tended to be organized as state-owned or state-regulated vertically integrated monopolies, after a fundamental change of paradigm, appropriate governance nowadays is considered to involve downstream competition supported by a state-mandated access provision to the monopoly infrastructures. Following a brief sketch of the paradigm change, the chapter enters into a systematic discussion of the comparative advantages and disadvantages of the two policy regimes in enforcing access provision, the appropriate framework for drawing the line between regulated and unregulated parts of the industry, and a set of issues that arise when competition policy and to sector-specific regulation apply to a given industry at the same time. The discussion refers to the German experience before 2005 when competition oplic was used to regulate access in the energy sector, the European Directives of 2002, which rely on the concepts of ‘market’ and ‘significant market power’ to determine which parts of the industry should be subject to regulation, and the recent cases in the telecommunications and postal sectors in which European competition law was used to proscribe behavior that had been accepted by national regulators.Less
This chapter discusses the respective roles of competition policy and sector-specific regulation for industries such as telecommunications, electricity, and gas, in which network infrastructures that are natural monopolies serve as essential facilities for anybody who wants to provide services in downstream markets. Whereas, in the past, such industries tended to be organized as state-owned or state-regulated vertically integrated monopolies, after a fundamental change of paradigm, appropriate governance nowadays is considered to involve downstream competition supported by a state-mandated access provision to the monopoly infrastructures. Following a brief sketch of the paradigm change, the chapter enters into a systematic discussion of the comparative advantages and disadvantages of the two policy regimes in enforcing access provision, the appropriate framework for drawing the line between regulated and unregulated parts of the industry, and a set of issues that arise when competition policy and to sector-specific regulation apply to a given industry at the same time. The discussion refers to the German experience before 2005 when competition oplic was used to regulate access in the energy sector, the European Directives of 2002, which rely on the concepts of ‘market’ and ‘significant market power’ to determine which parts of the industry should be subject to regulation, and the recent cases in the telecommunications and postal sectors in which European competition law was used to proscribe behavior that had been accepted by national regulators.
Bernard M. Hoekman and Michel M. Kostecki
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198294313
- eISBN:
- 9780191596445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829431X.003.0014
- Subject:
- Economics and Finance, International
The general issue of dealing with ’behind the border’ regulation is discussed in the WTO (World Trade Organization) context, and an introduction provided to the main issues that are likely to be ...
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The general issue of dealing with ’behind the border’ regulation is discussed in the WTO (World Trade Organization) context, and an introduction provided to the main issues that are likely to be prominent on the multilateral negotiating agenda in the coming decade. A key question is to identify the rationale for––and objectives behind––proposals to address a specific issue in the WTO, and determine what type of cooperation is appropriate, if any. Various issues that are likely to be on the negotiating agenda for some time to come, including competition (anti‐trust) policy, labour standards, trade facilitation, and investment and environmental policies, are discussed. The sections of the chapter are as follows: Contestability of markets as a criterion; Foreign direct investment policies; Competition law; Trade facilitation; Environmental policies; Social policies and labour standards; Domestic regulation; and Conclusion.Less
The general issue of dealing with ’behind the border’ regulation is discussed in the WTO (World Trade Organization) context, and an introduction provided to the main issues that are likely to be prominent on the multilateral negotiating agenda in the coming decade. A key question is to identify the rationale for––and objectives behind––proposals to address a specific issue in the WTO, and determine what type of cooperation is appropriate, if any. Various issues that are likely to be on the negotiating agenda for some time to come, including competition (anti‐trust) policy, labour standards, trade facilitation, and investment and environmental policies, are discussed. The sections of the chapter are as follows: Contestability of markets as a criterion; Foreign direct investment policies; Competition law; Trade facilitation; Environmental policies; Social policies and labour standards; Domestic regulation; and Conclusion.
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’.
William E. Kovacic
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566358
- eISBN:
- 9780191722790
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566358.003.0012
- Subject:
- Economics and Finance, Public and Welfare, International
This chapter examines the state of the relationship between the competition policy systems of the European Union and the United States. It begins by discussing, as a normative matter, what type of ...
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This chapter examines the state of the relationship between the competition policy systems of the European Union and the United States. It begins by discussing, as a normative matter, what type of convergence on competition policy norms we should hope to see between the European Union and the United States — or among all of the world's competition authorities. It offers a positive description of existing similarities and differences between the EU and U.S. competition policy systems. The chapter then considers centrifugal and centripetal forces that promise to affect the extent to which the two systems converge or diverge in the future, and discusses possible paths for improvement in the relationship and for the attainment of better practices in competition policy.Less
This chapter examines the state of the relationship between the competition policy systems of the European Union and the United States. It begins by discussing, as a normative matter, what type of convergence on competition policy norms we should hope to see between the European Union and the United States — or among all of the world's competition authorities. It offers a positive description of existing similarities and differences between the EU and U.S. competition policy systems. The chapter then considers centrifugal and centripetal forces that promise to affect the extent to which the two systems converge or diverge in the future, and discusses possible paths for improvement in the relationship and for the attainment of better practices in competition policy.
Andrew Guzman
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0017
- Subject:
- Law, Public International Law
In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, ...
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In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, however, almost no binding international agreements on the topic; there is no overarching institution that applies or enforces laws on competition; and there are no international requirements regarding procedural or substantive rules. This chapter addresses the following questions: What characterizes the relationship between domestic competition laws and international business activities? To what extent is international cooperation on competition policy likely or possible? Finally, given the answers to the first two questions, what form might international cooperation on competition policy take?Less
In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, however, almost no binding international agreements on the topic; there is no overarching institution that applies or enforces laws on competition; and there are no international requirements regarding procedural or substantive rules. This chapter addresses the following questions: What characterizes the relationship between domestic competition laws and international business activities? To what extent is international cooperation on competition policy likely or possible? Finally, given the answers to the first two questions, what form might international cooperation on competition policy take?
G. BRUCE DOERN and STEPHEN WILKS
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198280620
- eISBN:
- 9780191684371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198280620.003.0009
- Subject:
- Political Science, Political Economy
This chapter discusses a recent study by the Canadian Bureau of Competition Policy that concludes that the new focus on environmental regulation and competition law reflects a broader trend involving ...
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This chapter discusses a recent study by the Canadian Bureau of Competition Policy that concludes that the new focus on environmental regulation and competition law reflects a broader trend involving the internationalization of a wide range of policies which, up to now, have been considered domestic in nature. The chapter first reviews international efforts at harmonization. It then analyses outstanding issues with respect to the interface between domestic competition policy and international trade policy. The third section briefly evaluates the institutional implications that other countries are likely to face in the future if progress is to be made in the international co-ordination.Less
This chapter discusses a recent study by the Canadian Bureau of Competition Policy that concludes that the new focus on environmental regulation and competition law reflects a broader trend involving the internationalization of a wide range of policies which, up to now, have been considered domestic in nature. The chapter first reviews international efforts at harmonization. It then analyses outstanding issues with respect to the interface between domestic competition policy and international trade policy. The third section briefly evaluates the institutional implications that other countries are likely to face in the future if progress is to be made in the international co-ordination.
