Enforcing Transnational Private Regulation

Enforcing Transnational Private Regulation

A Comparative Analysis of Advertising and Food Safety

Private Regulation series

Paul Verbruggen

Most recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.

Chapter 9: Comparative analysis

Paul Verbruggen

Subjects: law - academic, regulation and governance


The case studies of the domains of advertising and food safety revealed considerable variation in the institutional design of enforcement of transnational private regulation. This chapter compares the models and patterns of the private enforcement mechanisms in the two domains, analyses the relationship of these mechanisms with public enforcement and discusses the findings of the case studies in the light of theoretical understandings about the interplay between public and private actors in regulatory enforcement. It uses these findings to inductively identify the circumstances and institutional settings in which public administrative enforcement is likely to complement and strengthen private enforcement mechanisms for transnational private regulation, and highlight the roles that courts play in the enforcement of transnational private regulation.

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