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The Design of Competition Law Institutions - Global Norms, Local Choices (Hardcover)
Loot Price: R2,955
Discovery Miles 29 550
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The Design of Competition Law Institutions - Global Norms, Local Choices (Hardcover)
Series: Law And Global Governance
Expected to ship within 12 - 17 working days
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Competition (or antitrust) law is national law. More than 120
jurisdictions have adopted their own competition law. Is there a
need for convergence of the competition law systems of the world?
Much effort has been devoted to nudging substantive law convergence
in the absence of an international law of competition. But it is
widely acknowledged that institutions play as great a role as
substantive principles in the harmonious - or dissonant -
application of the law. This book provides the first in depth study
of the institutions of antitrust. It does so through a particular
inquiry: Do the competition systems of the world embrace
substantially the same process norms? Are global norms embedded in
the institutional arrangements, however disparate? Delving deeply
into their jurisdictions, the contributors illuminate the inner
workings of the systems and expose the process norms embedded
within. Case studies feature Australia/New Zealand, Canada, Chile,
China, Japan, South Africa, the USA, and the European Union, as
well as the four leading international institutions involved in
competition: the World Trade Organization, the Organization for
Economic Cooperation and Development, the United Nations Conference
on Trade and Development, and the International Competition
Network; and the introductory and synthesizing chapter by the
directors of the project draws also from the new institutional
arrangements of Brazil and India. The book reveals that there are
indeed common process norms across the very different systems;
thus, this study is a counterpart to studies on convergence of
substantive rules. The synthesizing chapter observes an emerging
'sympathy of systems' in which global process norms, along with
substantive norms, play a critical role. The book provides
benchmarks for the field and suggests possibilities for future
development when the norms are embraced in aspiration but not yet
in practice. It offers insights for all interested in competition
law and global governance.
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