Management of Networks between the Competition Authorities in the EC and the US: Different Polities, Different Designs (European Competition Journal, 2007)

Abstract: This article argues that the main challenge facing the modern multi-jurisdictional polities in antitrust enforcement is one of cooperation rather than jurisdictional allocation of enforcement responsibilities. Accordingly, it challenges the conventional wisdom which incorporates the model of “regulatory competition” at the heart of the legal analysis of multi-jurisdictional antitrust enforcement and offers the model of “network management“ instead. Analysing the EC and the US regimes from this perspective, it reveals the distinct characteristics of network management in these polities. It finds that different styles of network management in the EC and the US are mainly the reflections of more fundamental divergences between the federalist traditions of these polities. Afterwards, it raises the question of transatlantic policy learning and leaves it largely as an open one with an early observation that the EC and the US may turn to each other in order to draw lessons from each other’s relative advantages.

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