Thursday, May 8, 2008
Multi-Jurisdictional Competition Law Enforcement: The Interface between European Competition Law and the Competition Laws of the New Member States
Posted by D. Daniel Sokol
Kati Cseres, University of Amsterdam - Amsterdam Center for Law & Economics, writes about Multi-Jurisdictional Competition Law Enforcement: The Interface between European Competition Law and the Competition Laws of the New Member States in her latest article.
ABSTRACT: This paper discusses the multi-jurisdictional enforcement of competition law analyzing one particular dimension: the interaction between European competition law and the competition laws of the new Member States. The paper examines the transfer and implementation of the competition acquis into these countries and the leverage of the EU in the way competition laws developed in the new Member States as well as the impact of enlargement on European competition law. The paper examines whether this extraordinary way of lawmaking could efficiently deal with specific market failures and with the need to develop effective enforcement and institutional structure in transition economies. The analysis reveals relevant institutional deficits in the EU and what its cost-benefit and policy implications are for the interaction between the two jurisdictional levels (EC-CEECs). The im(com)plications of introducing private enforcement of competition law will serve as example. The central query is whether the same rules applied in a multiple variety of institutions can result in uniform and consistent law application as well as in equal gains and losses for the jurisdictions.