A Call to Arms: Proposing the Use of Social Science Methods in Transnational Competition Law

25 Pages Posted: 9 Sep 2023

See all articles by Sven Gallasch

Sven Gallasch

Deakin University, Geelong, Australia - Deakin Law School

Jeremy KINGSLEY

Western Sydney University - School of Law

Date Written: September 4, 2023

Abstract

Competition law enforcement is one of the cornerstones of sound business regulation; yet it faces a problem in the transnational context. Whereas transnational commerce seamlessly transcends borders, competition law has jurisdictional roots, lacking a true transnational response. Global frictions due to the enforcement of divergent domestic laws and policies seem inevitable yet are surprisingly rare. We argue this phenomenon cannot be fully explained by a doctrinal analysis of the global efforts towards policy or legal convergence. Instead, the focus should be on the competition law officials who operationalise the law in a transnational context. This ‘human element’ of the inquiry must embrace qualitative research methods, such as ethnographic studies commonly used in legal anthropology, to develop a comprehensive legal analysis in this context.

Keywords: competition law, antitrust, transnational law, legal anthropology

JEL Classification: K21, K39

Suggested Citation

Gallasch, Sven and KINGSLEY, Jeremy, A Call to Arms: Proposing the Use of Social Science Methods in Transnational Competition Law (September 4, 2023). (2024) 47(1) University of New South Wales Law Journal (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4565863

Sven Gallasch (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

Jeremy KINGSLEY

Western Sydney University - School of Law ( email )

Sydney

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