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Open Access. Powered by Scholars. Published by Universities.®

2005

Economic Policy

Regulation

Articles 1 - 2 of 2

Full-Text Articles in Social and Behavioral Sciences

Federalism And Antitrust Reform, Herbert J. Hovenkamp Oct 2005

Federalism And Antitrust Reform, Herbert J. Hovenkamp

All Faculty Scholarship

Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action …

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‘Empowering Europe’S Citizens’? Towards A Charter For Services Of General Interest, Judith Clifton, Daniel Díaz-Fuentes, Francisco Comín Jan 2005

‘Empowering Europe’S Citizens’? Towards A Charter For Services Of General Interest, Judith Clifton, Daniel Díaz-Fuentes, Francisco Comín

Judith Clifton

This article analyses the development of the European Union (EU) project of a Charter for Services of General Interest (SGI) from the mid-1990s to the publication of the White Paper on Services of General Interest and the draft European Constitution in 2004. Though service charters are often associated with New Public Management (NPM) reforms related to privatization, they are also an integral part of the process of EU institution building, and need to be understood alongside developments such as the Charter of Fundamental Rights. Using a four-stage model of international NPM convergence analysis four phases of the Charter for SGI …

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