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The Governance of Overlapping Jurisdictions - How International Cooperation Enhances the Autonomy of Competition Authorities

TranState Working Paper No. 102

29 Pages Posted: 14 Aug 2010  

Michael Blauberger

University of Salzburg, Salzburg Centre of European Union Studies (SCEUS)

Date Written: October 21, 2009

Abstract

As a result of international legalization, the potential for conflicts of overlapping jurisdictions has multiplied - vertically between national and international law, as well as horizontally between national and foreign law. In competition control, the latter type of horizontal overlap between US and EU jurisdictions is significant, but very few conflicts actually occur. Rather than solving the underlying issue of extraterritorial jurisdiction, US and EU competition authorities have established a practice of cooperation which aims at preventing conflicts in the first place. Moreover, apart from conflict prevention, transatlantic cooperation significantly enhances the autonomy of competition authorities vis-à-vis politics, judges, and firms.

Keywords: competition policy

Suggested Citation

Blauberger, Michael, The Governance of Overlapping Jurisdictions - How International Cooperation Enhances the Autonomy of Competition Authorities (October 21, 2009). TranState Working Paper No. 102. Available at SSRN: https://ssrn.com/abstract=1657811 or http://dx.doi.org/10.2139/ssrn.1657811

Michael Blauberger (Contact Author)

University of Salzburg, Salzburg Centre of European Union Studies (SCEUS) ( email )

Mönchsberg 2
Salzburg, Salzburg 5020
Austria
+43-662-8044-7621 (Phone)

HOME PAGE: http://www.uni-salzburg.at/portal/page?_pageid=1625,1836014&_dad=portal&_schema=PORTAL

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