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 5: A Comparative Analysis of Different Rules for the Allocation and Delimitation of Competences

Oliver Budzinski


The first section of this chapter presents and basically characterises the type of rules for the allocation and delimitation of competences, which are comparatively analysed thereafter. Some of these rules originate from the practices of non-coordinated antitrust extraterritorialism, within the existing US and EU multilevel systems, and of the current avenues towards an international regime (WTO and ICN). They are described and characterised according to their competence allocating and delimitating quality in section 1.1. Additionally, a number of rules derived from the academic discussion on supranational competition policy are explicated (section 1.2).1 Section 2 analyses the comparative performance of the resulting competence allocations according to the set of economic criteria derived in Chapter 4. A comparative conclusion sheds more light on the politically relevant results (section 3), from which are drawn policy conclusions for designing a coherent, decentralised, and evolutionary multilevel system of competition policies for the world economy (Chapter 6). 1. DESIGN OPTIONS FOR RULES FOR THE ALLOCATION OF COMPETENCES Since real-world competence allocation rules can be governed by a mixed (and possibly incoherent) set of rules, the following two sections isolate such types 1 There are a few studies that review more or less comprehensively, selected academic proposals for an international competition policy regime. See, for example, Wins (2000) and Wilson (2003). Conrad (2005: 75–101) introduces an analytical and systematic scheme in order to evaluate different proposals according to the criteria: (1) organisational expense; (2) loss of sovereignty; (3) international allocative efficiency and freedom of competition;...

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