Tuesday, January 30, 2007
Posted by D. Daniel Sokol
Issues of antitrust institutional choice are critical in an increasingly global environment in which conduct has effects across a number of different jurisdictions. This is an issue of particular importance to me and I have a forthcoming working paper (up next month on SSRN) on this issue. Oliver Budzinski of the University of Marburg has published a working paper entitled "An International Multilevel Competition Policy System" that attempts to address the global gap in antitrust enforcement.
ABSTRACT: This paper develops a proposal for an international multilevel competition policy system, which draws on the insights of the analysis of multilevel systems of institutions. In doing so, it targets to contribute to bridge a gap in the current world economic order, i.e. the supranational governance of private international restrictions to market competition. Such a governance can effectively be designed against the background of a combination of the well-known nondiscrimination principle and a lead jurisdiction model. Put very briefly, competition policy on the global level restricts itself to the selection and appointment of appropriate lead jurisdictions for concrete cross-border antitrust cases, while the substantive treatment remains within the competence of the existing national and regional-supranational antitrust regimes.