Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions.
Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules.
Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network.
The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.
Before joining the faculty of NYU Law School, Eleanor Fox was a partner at the New York law firm Simpson Thacher and Bartlett. She has served as a member of the International Competition Policy Advisory Committee to the Attorney General of the U.S. Department of Justice ('97-2000) and as a Commissioner on President Carter's National Commission for the Review of Antitrust Laws and Procedures ('78-9). She has advised younger antitrust jurisdictions, including South Africa, Egypt, Tanzania, The Gambia, Indonesia, Russia, Poland, and Hungary, and the common market COMESA. Fox received an honorary doctorate degree from the University of Paris-Dauphine (2009). She was awarded an inaugural Lifetime Achievement award in 2011 by the Global Competition Review for 'substantial, lasting and transformational impact on competition policy and/or practice.' Her publications include The Competition Law of the European Union (2009) and Global Issues in Antitrust and Competition Law (with Dan Crane, 2010). Michael Trebilcock specializes in Law and Economics, International Trade Law, Competition Law, Economic and Social Regulation, Contract Law and Theory, and Law and Development. He was a Fellow in Law and Economics at the University of Chicago Law School in 1976, a Visiting Professor of Law at Yale Law School and Harvard Law School, and a Global Law Professor at New York University Law School. In 1999, he was awarded the Canada Council Molson Prize in the Humanities and Social Sciences and in 2010 was the recipient of the Ontario Premier's Discovery Award for the Social Sciences. In 2002, he was elected President of the American Law and Economics Association. His publications include The Common Law of Restraint of Trade (1986) (winner of Walter Owen Prize); The Limits of Freedom of Contract (1993); The Regulation of International Trade (with M Howse, 3rd ed. 2005); and What Makes Poor Countries Poor: The Institutional Determinants of Development (with M Prado, 2012).