Monday, January 19, 2009
Posted by D. Daniel Sokol
I am posting my essay that recently appeared in the Northwestern University Law Review Colloquy on The Future of International Antitrust and Improving Antitrust Agency Capacity. Put in the style of the blog posts on this blog -
D. Daniel Sokol offers his insights on The Future of International Antitrust and Improving Antitrust Agency Capacity.
ABSTRACT: This Essay focuses on how both external (international institutions) and internal (agency capacity and technical assistance) dynamics shape the capacity of younger agencies to undertake antitrust in their jurisdictions. Both approaches play an important role in improving capacity. In the case of technical assistance, this Essay analyzes survey data from recipient agencies of antitrust technical assistance to determine the most effective means of improving antitrust agency capacity. Part I explains the type of capacity building that antitrust agencies undertake themselves. The rest of this Essay focuses upon international efforts that can assist agencies in capacity building, but it is important not to overlook capacity building efforts that can occur at the agency level. Part II describes the work that international antitrust institutions undertake to improve agency capacity. Part III provides an analysis of survey data that shows how technical assistance from outside providers can improve agency capacity. Part IV concludes and offers recommendations to improve developing world antitrust agency capacity building.