The Governance of Global Competition
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The Governance of Global Competition

Competence Allocation in International Competition Policy

Oliver Budzinski

This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.
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Chapter 4: Towards an International Multilevel System of Competition Policies

Oliver Budzinski


The first part of this chapter is dedicated to the development of the analytical framework, which is needed for the comparative analysis in Chapter 5. Following a very brief overview on intermediate governance concepts in the sense of the outline in Chapter 3 (section 1.1), the concept of multilevel systems of institutions is characterised in brief (section 1.2). Afterwards, the analytical framework is discussed in detail (section 1.3), thereby deriving the relevant criteria for the comparative analysis of specific competence allocation rules in Chapter 5 (section 1.4). In the second part of this chapter, the developed analytical framework is applied to describe the existing competition policy systems and their evolution. Starting with the US antitrust system (section 2.1), I address a selection of different national and supranational antitrust regimes, namely the EU competition policy system (section 2.2), the (suggested) WTO Regime (section 2.3), and the international competition network (section 2.4). Eventually, the specific problem of having a multitude of agencies and institutions at the international level itself is discussed (section 2.5). The motivation for discussing the real-world regimes at this point of analysis (and not, as some readers may have expected, in Chapter 3), stems from wanting to apply the framework developed in the first part of this chapter in order to characterise the existing regimes in a way and in a language that facilitates the identification of their competence allocation rules and their deficiencies. This could not have been done before thoroughly introducing the concept of multilevel systems. Section...

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