Table of Contents

More Common Ground for International Competition Law?

More Common Ground for International Competition Law?

ASCOLA Competition Law series

Edited by Josef Drexl, Warren S. Grimes, Clifford A. Jones, Rudolph J.R. Peritz and Edward T. Swaine

In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises.

Chapter 17: The Role of Non-governmental Organizations in the Development of Competition Law

Albert A. Foer

Subjects: law - academic, competition and antitrust law


Albert A. Foer 1 BACKGROUND An earlier version of this chapter was originally published as an American Antitrust Institute (AAI) working paper,1 elaborating on the desirability of creating an international network of competition advocacy non-governmental organizations (NGOs) and explicating the model of the AAI as one type of independent, non-profit competition advocacy organization, offering suggestions to others yet to be formed, and recognizing that what works in the United States will not necessarily be appropriate in other nations. The first part describes the AAI model. The second discusses the need for competition advocacy NGOs worldwide. A third section poses foreseeable questions and offers some responses. And the final section describes the AAI’s efforts to reach out to NGOs in other nations to foster their growth. An edited version of this was published in the Boletín Latinoamericano de Competencia.2 Modifications were made for presentation to ASCOLA’s fourth conference held at George Washington University Law School, June 16 and 17, 2009. The above brief history of the chapter provides in itself an example of how a competition advocacy NGO, in this case the AAI, can participate in the development of competition law and policy through the 1 AA Foer, ‘AAI Working Paper No. 08-04, International Consumer Advocacy for Competition Policy: Learning from the AAI Model’, AAI Working Paper No 08-04 (2008), retrievable at: node/Working%20Paper%2008-04 (accessed January 2011). 2 Albert A Foer, ‘International Consumer Advocacy for Competition Policy: Learning from the AAI Model’ (February 2009) 25 Boletín Latinoamericano...

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