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Towards an International Dialogue on the Institutional Side of Antitrust

13 Pages Posted: 29 Nov 2010  

Phil Weiser

University of Colorado Law School

Date Written: November 28, 2010

Abstract

The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to focus on institutional design and practice, particularly as to the promotion of transparency and procedural fairness in the conduct of antitrust investigations. This Essay makes the case for such a focus, explaining how one of the healthy aspects of a multijurisdictional world is that sister agencies can challenge one another and model means of improving our institutional practices. In so doing, it explains that such learning should continue at the same time as international authorities endeavor to converge on best practices for ensuring procedural fairness during the course of an antitrust inquiry.

Keywords: antitrust, international convergence, procedural fairness

JEL Classification: K21

Suggested Citation

Weiser, Phil, Towards an International Dialogue on the Institutional Side of Antitrust (November 28, 2010). NYU Annual Survey of American Law, Vol. 66, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1716392

Phil Weiser (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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