The Design of Competition Law Institutions and the Global Convergence of Process Norms: The GAL Competition Project
Eleanor M. Fox
New York University School of Law
Michael J. Trebilcock
University of Toronto - Faculty of Law
August 16, 2012
Forthcoming: THE DESIGN OF COMPETITION LAW INSTITUTIONS: GLOBAL NORMS, LOCAL CHOICES (Eleanor M. Fox & Michael J. Trebilcock, eds.) (Oxford University Press)
NYU Law and Economics Research Paper No. 12-20
This paper is an account of the institutions of antitrust enforcement and adjudication in nine jurisdictions, across six continents, and the four principal international bodies involved with issues of antitrust. It synthesizes nine studies that illuminate the inner workings of each of systems in the sample studied and it exposes their norms, all in the quest to determine whether there are global norms of procedure and process. The paper reveals that there are indeed common norms across very different institutional arrangements, most of which are currently embedded in the systems and some of which are aspirational.
This study is a counterpart to studies on the convergence of the substantive rules and standards of antitrust law. The paper observes an emerging "sympathy of systems" (as opposed to identity of systems) in which global process norms, along with substantive norms, play a critical role in forging the global coherence of a national network of competition law systems.
Number of Pages in PDF File: 80
Keywords: Antitrust, enforcement, institutions, accountability, administrative law, international administrative law, due process, transparency, separation of functions, rule of law
JEL Classification: K4, K21, K23, L40, L50, P50, H11
Date posted: August 17, 2012 ; Last revised: August 23, 2012