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Antitrust and Trade Regulation Commons

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Full-Text Articles in Antitrust and Trade Regulation

Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti Feb 2015

Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti

Silvia Beltrametti

The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …


Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun Dec 2008

Strategic Considerations In The Emergence Of Private Action Rights, Reza Rajabiun

Reza Rajabiun

The design of mechanisms for the enforcement of rules regarding anticompetitive practices has been the subject of considerable controversy in both developed and developing countries. Public competition authorities have advantages in terms of scale economies and coordination of competing policy objectives. Private rights of action enhance the capacity of legal regimes to generate information and deter collusive agreements and exclusionary practices. Private enforcement also increases the transaction costs of regulatory capture. Given these differences, mixed regimes are likely to be superior to purely public or private arrangements. However, most national jurisdictions grant exclusive authority to public agencies and prosecutors. This …