The Design of Competition Law Institutions: Global Norms, Local Choices (Law and Global Governance)

Le site d'éditeur indique : "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." Cover; Title Page; Copyright Page; Acknowledgments; Contents; List of Contributors; List of Abbreviations; Eleanor M. Fox and Michael J. Trebilcock; I. The birth and evolution of the project; II. Themes-A synthesis; III. Summaries of country/jurisdictional studies; IV. Concluding reflections; Appendix: The Template-Outline of Elements Addressed in the Jurisdictional Studies; History; Structure; Mandate and boundaries of the competition authority; Procedural characteristics; Critical evaluation; 1. Introduction: The GAL Competition Project: The Global Convergence of Process Norms; Simon Peart. I. Competition law enforcement and governance: Australia and New ZealandII. Structure; III. Mandate and central substantive provisions; IV. Procedural characteristics; V. Critical evaluation; 2. Australia and New Zealand: Their Competition Law Systems and the Countries' Norms; Edward Iacobucci and Michael J. Trebilcock; I. History; II. Structure; III. Mandate; IV. Procedural characteristics; V. Critical reflections on institutional design issues in Canadian competition policy; VI. Conclusion; 3. Canada: The Competition Law System and the Country's Norms; Francisco Agüero and Santiago Montt. I. IntroductionII. History; III. Structure and procedure; IV. Mandate and boundaries of the Competition Authority; V. Procedural norms; VI. Critical evaluation; Annex; General methodological aspects; Qualitative methodology techniques: Interviews and document analysis; Quantitative methodology technique: Survey; National Economic Prosecutor'sOffice (NEPO); Competition Tribunal; 4. Chile: The Competition Law System and the Country's Norms; Jessica Su and Xiaoye Wang; I. History; II. Structure; III. Mandate and boundaries of the Anti-Monopoly Enforcement Agencies; IV. Procedural characteristics. V. Critical evaluation5. China: The Competition Law System and the Country's Norms; Harry First and Tadashi Shiraishi; I. History of antitrust enforcement; II. Institutional structure; III. Mandate; IV. Procedural characteristics of Japan's enforcement system; V. Evaluation and potential reforms; VI. Conclusion; 6. Japan: The Competition Law System and the Country's Norms; Dennis Davis and Lara Granville; I. History and structure; II. Mandate of the competition authorities; III. Procedural norms; IV. Critical evaluation; 7. South Africa: The Competition Law System and the Country's Norms. Harry First, Eleanor M. Fox, and Daniel E. HemliI. The history of antitrust enforcement; II. Institutional structure; III. Competition mandate; IV. Procedural characteristics of the US enforcement system; V. Evaluation; VI. Conclusion; 8. The United States: The Competition Law System and the Country's Norms; Ioannis Lianos and Arianna Andreangeli; I. Institutional structure and institutional performance norms; II. Mandate; III. Due process norms in case-by-case decision-making; IV. Administrative performance norms; V. Conclusions: suggestions for reform and improvement. 9. The European Union: The Competition Law System and the Union's Norms. Cover Contents List of Contributors List of Abbreviations 1. Introduction: The GAL Competition Project: The Global Convergence of Process Norms I. The birth and evolution of the project II. Themes—A synthesis III. Summaries of country/jurisdictional studies IV. Concluding reflections Appendix: The Template—Outline of Elements Addressed in the Jurisdictional Studies History Structure Mandate and boundaries of the competition authority Procedural characteristics Critical evaluation 2. Australia and New Zealand: Their Competition Law Systems and the Countries’ Norms I. Competition law enforcement and governance: Australia and New Zealand II. Structure III. Mandate and central substantive provisions IV. Procedural characteristics V. Critical evaluation 3. Canada: The Competition Law System and the Country’s Norms I. History II. Structure III. Mandate IV. Procedural characteristics V. Critical reflections on institutional design issues in Canadian competition policy VI. Conclusion 4. Chile: The Competition Law System and the Country’s Norms I. Introduction II. History III. Structure and procedure IV. Mandate and boundaries of the Competition Authority V. Procedural norms VI. Critical evaluation Annex General methodological aspects Qualitative methodology techniques: Interviews and document analysis Quantitative methodology technique: Survey National Economic Prosecutor’s Office (NEPO) Competition Tribunal 5. China: The Competition Law System and the Country’s Norms I. History II. Structure III. Mandate and boundaries of the Anti-Monopoly Enforcement Agencies IV. Procedural characteristics V. Critical evaluation 6. Japan: The Competition Law System and the Country’s Norms I. History of antitrust enforcement II. Institutional structure III. Mandate IV. Procedural characteristics of Japan’s enforcement system V. Evaluation and potential reforms VI. Conclusion 7. South Africa: The Competition Law System and the Country’s Norms I. History and structure II. Mandate of the competition authorities III. Procedural norms IV. Critical evaluation 8. The United States: The Competition Law System and the Country’s Norms I. The history of antitrust enforcement II. Institutional structure III. Competition mandate IV. Procedural characteristics of the US enforcement system V. Evaluation VI. Conclusion 9. The European Union: The Competition Law System and the Union’s Norms I. Institutional structure and institutional performance norms II. Mandate III. Due process norms in case-by-case decision-making IV. Administrative performance norms V. Conclusions: suggestions for reform and improvement 10. The International Institutions of Competition Law: The Systems’ Norms I. Introduction II. The World Trade Organization III. The other international institutions IV. Findings and critical evaluation Index A B C D E F G H I J K L M N O P Q R S T U V W Y Z Le site d'éditeur indique : "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." "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."--Publisher's website 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 an 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 chapters 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 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 Using case studies to investigate the design of competition law systems, this is the first major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making Using case studies to investigate the design of competition law systems, this is a major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.