Citizen Fox: The Global Antitrust Vision of Eleanor Fox

20 Pages Posted: 24 Mar 2017

See all articles by Philip Marsden

Philip Marsden

College of Europe

Spencer Weber Waller

Loyola University Chicago School of Law

Date Written: March 22, 2017

Abstract

This chapter will examine the growth of Professor Eleanor Fox’s global and cosmopolitan vision for the future of competition policy. Over her illustrious career, Professor Fox’s scholarship traces an arc that began with the battle for the soul of U.S. antitrust law as the Chicago School’s influence began to dominate the discourse, enforcement policy, and eventually the case law. At the same time, Professor Fox also participated in the vigorous debate over the extraterritorial application of U.S. law to international cartels, monopolies, and mergers.

Perhaps as a result of the changes in U.S. antitrust law, Professor Fox became a prominent voice in analyzing EU competition law and explaining that system to U.S. and international audiences as the influence of the U.S. as the antitrust hegemon began to wane. EU competition law was a natural focus for her scholarship, given its more complete vision of competition law in numerous important ways that fascinated Professor Fox.

In more recent times, Professor Fox has also focused on the proper level of governance for competition policy in a globalized economy. She has focused on issues of gaps, legitimacy, and sufficiency to argue that global problems deserve, and require, global solutions. Depending on the specific issue, she has argued for the use of true international instruments and institutions ranging from international codes, WTO rules for competition policy, cooperation, harmonization, technical assistance, world restatements, as well as other hard law and soft law solutions, to solve the familiar problems of national competition law being used to regulate global markets.

What most distinguishes Professor Fox from most other scholars in the field is her cosmopolitanism, a willingness to look at competition issues through the lens of global welfare not tied to individual citizenship. While often controversial, this perspective has allowed Professor Fox to find creative solutions for historically intractable problems and maintain an unwavering moral compass in addressing competition policy as a means to address poverty, democracy, and economic justice for the have nots in the global economy. We salute these accomplishments and conclude by speculating on the future and the promise as well as the obstacles for the implementation of Professor Fox’s global vision.

Keywords: antitrust, competition law, Eleanor Fox, Chicago School, cosmopolitan, extraterritoriality, developing economies, WTO, international trade, European Union, EU Competition Law, cartels, harmonization

JEL Classification: D40, D41, D42, K21, K33, K40, K42, L10

Suggested Citation

Marsden, Philip and Waller, Spencer Weber, Citizen Fox: The Global Antitrust Vision of Eleanor Fox (March 22, 2017). Available at SSRN: https://ssrn.com/abstract=2939336 or http://dx.doi.org/10.2139/ssrn.2939336

Philip Marsden

College of Europe ( email )

Bruges
Belgium

Spencer Weber Waller (Contact Author)

Loyola University Chicago School of Law ( email )

25 E Pearson St.
Room 1041
Chicago, IL 60611
United States
312-915-7137 (Phone)
312-915-7201 (Fax)

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