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Full-Text Articles in Law
Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti
Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti
Vanderbilt Journal of Transnational Law
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 …
Global Antitrust And The Evolution Of An International Standard, William Sugden
Global Antitrust And The Evolution Of An International Standard, William Sugden
Vanderbilt Journal of Transnational Law
This Note explores recommendations for developing a global antitrust regime and ultimately rejects those suggestions in favor of more traditional nationally-based applications of antitrust rules. Part II introduces an economic model of global antitrust to show the systemic difficulties inherent in creating a global regime. Part III contrasts the difficulties in creating a global regime with the greater historical success of developing regional antitrust authorities. Part IV tracks the history of the extraterritorial application of antitrust laws by the United States and the European Union. Part V argues that the path to effective global antitrust lies not in the creation …