The issue of international antitrust enforcement is high on the
agenda for both developed and developing countries. Bilateral
cooperation between antitrust agencies, in particular the European
Commission and US agencies, is the focus of this new work. It first
shows how bilateral cooperation was developed as a response to the
limits of the unilateral and extraterritorial application of
national competition laws, and how it has evolved from an
instrument initially designed to avoid conflicts into a tool aimed
at coordinating joint investigations of international competition
cases. It then considers how bilateral cooperation could be used
optimally, by analysing two forms of advanced cooperation: the
exchange of confidential information, and positive comity, which is
the only satisfactory answer competition law can provide to market
access cases. It shows that the use of such instruments is limited
by significant legal and political obstacles, even in the context
of the exemplary EC US relationship. The book therefore argues that
the efficient use of bilateral cooperation will be limited to a
small number of well-established competition agencies. If
international anticompetitive practices are to be efficiently
addressed by an increasingly large and heterogeneous group of
competition agencies, horizontal cooperation between antitrust
agencies must be complemented by a multilateral and supranational
solution going beyond proposals currently put forward. The book
concludes that only the WTO and its dispute settlement system could
provide the basis for such a system.
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