Research Handbook on International Competition Law
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Research Handbook on International Competition Law

  • Elgar original reference

Edited by Ariel Ezrachi

This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features 22 contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position.
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Chapter 3: Competition agency networks around the world

Imelda Maher and Anestis Papadopoulos

Extract

International competition law is characterised by a classic tool of governance: the network. This has become evident especially in the last ten years, following the establishment of the International Competition Network (ICN). That Network is by far the largest network of competition agencies and is the most prominent internationally. However, it is by no means the only such network internationally or regionally. There are agency networks that pre-date it and that have come into existence since it was set up such that these networks are now a hallmark of competition law and policy internationally. The networks give rise to a paradox. On the one hand, their emergence is prompted by the perceived need for convergence in competition policy (substantively and procedurally) given the extent to which competition laws are applied to businesses operating transnationally. On the other hand, the proliferation of these networks suggests greater fragmentation. The question it is then necessary to ask is how these networks can complement each other and best achieve their common goal of convergence. The aim of this chapter is to provide a typology of competition networks at the regional and international level. What emerges from this analysis is that networks share a similar policy learning impetus that may or may not lead to policy convergence. They are sites where competition agencies have (re)claimed a discursive space on the regional and international plane that is primarily concerned with competition law and policy.

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