International Cooperation, Competition Authorities and Transnational Networks

International Cooperation, Competition Authorities and Transnational Networks
Author: Mateusz Błachucki
Publisher: Taylor & Francis
Total Pages: 225
Release: 2023-11-30
Genre: Law
ISBN: 1003802664

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This book presents a comprehensive study of the emergence, functioning and evolution of international cooperation among competition authorities. It presents an in-depth look at network cooperation taking place within international organisations, as well as networks based on binding international agreements and various informal networks, among others. It further identifies and analyses the forms of international cooperation among national competition authorities (NCAs) that are taking place within transnational competition networks. The book classifies these forms of cooperation by grouping them into three stages – soft, developed and enhanced cooperation – discussing each in detail. It thus reflects the evolution of the international cooperation process and provides insights as to its possible development. This work will be of interest to researchers, academics and advanced students in the fields of competition law, public administration, international relations and those interested in international competition law and its contribution to global public governance.

The Law and Politics of Global Competition

The Law and Politics of Global Competition
Author: Christopher Townley
Publisher: Oxford University Press
Total Pages: 401
Release: 2022-02-02
Genre: Law
ISBN: 0192603612

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In its own words, the mission of the International Competition Network (the ICN) is to advocate the adoption of "superior standards and procedures in competition policy around the world, formulate proposals for procedural and substantive convergence, and seek to facilitate effective international cooperation to the benefit of member agencies, consumers and economies worldwide." ICN members include nearly all competition authorities (NCAs) from around the world (over 100 of them). Since its inception, the ICN has also sought to enrich its discussions and outputs through the inclusion of non-governmental advisors (NGAs), principally large multi-nationals and the legal and economic professions. The ICN is a transnational network, set up by its members, largely without wider state input. This book hypothesises that the ICN's formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak; and 'competition experts' over wider state interests, discussing the legitimacy of this from a political and legal theory perspective, analysing the ICN's effectiveness and efficiency, and suggesting ways that the ICN can improve all three. This study has important implications for the ICN itself, particularly as it launches its 'Third Decade Project', billed as a full self-evaluation. However, the story told here is also relevant to states and the wider regulatory community, due to the widespread use of transnational networks.

International cooperation of competition authorities in Europe

International cooperation of competition authorities in Europe
Author: Mateusz Błachucki
Publisher: Instytut Nauk Prawnych PAN
Total Pages: 310
Release: 2021-07-31
Genre: Law
ISBN: 8366300366

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Nakładem Wydawnictwa Instytutu Nauk Prawnych PAN ukazała się 2 edycja poprawiana i uzupełniona monografi pt.: „International Cooperation of Competition Authorities in Europe: From Bilateral Agreements to Transgovernmental Networks” pod redakcją Mateusza Błachuckiego. Monografia zbiorowa poświęcona jest współpracy międzynarodowej krajowych organów ds. konkurencji (NCA) państw członkowskich UE. Zostały w niej omówione przykłady współpracy dwustronnej (między właściwymi organami krajowymi z Niemiec i Austrii lub Czech i Słowacji), współpracy regionalnej (między nordyckimi właściwymi organami krajowymi) oraz współpracy w ramach sieci kontynentalnej (ze szczególnym uwzględnieniem zmian wprowadzonych Dyrektywą ECN +). Książka zawiera również analizy krajowych doświadczeń we współpracy międzynarodowej (Włochy, Słowacja i Hiszpania). Omówione zostały także kwestie niezależności krajowych organów ds. konkurencji, podstawowych praw przedsiębiorstw, nadzoru nad współpracą międzynarodową krajowych organów ds. konkurencji. Autorzy są zaangażowani w międzynarodową współpracę właściwych organów krajowych ds. konkurencji, pełniąc m.in. funkcje urzędników prowadzących postępowanie, członków międzynarodowych sieci organów ochrony konkurencji, doradców pozarządowych ds. sieci, naukowców doradzających sieciom i krajowym organom ochrony konkurencji, prawnych przedstawicieli przedsiębiorstw zaangażowanych w te postępowania lub członków innych instytucji zaangażowanych w ten proces. Druga edycja monografii zawiera wszystkie opublikowane wcześniej artykuły, które zostały zaktualizowane i poprawione przez autorów, ponadto zawiera jeden dodatkowy artykuł autorstwa Margaridy Rosado da Fonseca, dotyczący portugalskiego prawa antymonopolowego. Publikacja wydana w modelu OA pod patronatem Urzędu Ochrony Konkurencji i Konsumenta, będąca efektem realizacji grantu NCN UMO-2016/23/B/HS5/03605 „Ponadnarodowe sieci organów administracji publicznej i ich wpływ na krajowy porządek prawny (na przykładzie sieci organów ochrony konkurencji”, przyznanego dr hab. Mateuszowi Błachuckiemu, prof. INP PAN jest dostępna w repozytorium e-Biblioteka Prawnicza.

Global Competition Enforcement

Global Competition Enforcement
Author: Paulo Burnier da Silveira
Publisher: Kluwer Law International B.V.
Total Pages: 311
Release: 2019-10-17
Genre: Law
ISBN: 9403502126

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Global Competition Enforcement New Players, New Challenges Edited by Paulo Burnier da Silveira & William Evan Kovacic In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries. The following aspects of the subject and more are examined in depth: the interface between antitrust and anti-corruption; the digital economy’s challenges to competition authorities; convergent aims and rules among different competition authorities; regional organizations with competition mandates; competition neutrality and state-owned enterprises; and leniency programmes. Although necessarily there is considerable information on major antitrust regimes like those of the United States and the European Union, chapters by local experts highlight lessons to be learned from the work of competition authorities in five continents including Argentina, Australia, Brazil, China, Colombia, India, Japan, Mauritius, Mexico, Peru and South Africa. The contributors include competition enforcers, regulators, academics, practitioners and leading commentators from a range of jurisdictions. Adding up to an authoritative analysis from the enforcer’s perspective, the studies presented in the book clarify the approaches and priorities of competition enforcement authorities – including those of major emerging economies – and provide expert guidance on dealing with transnational investigations. Antitrust lawyers, corporate counsel and interested academics as well as policymakers will benefit immeasurably from this book’s wealth of informative detail.

Cooperation, Comity, and Competition Policy

Cooperation, Comity, and Competition Policy
Author: Andrew T. Guzman
Publisher: Oxford University Press, USA
Total Pages: 380
Release: 2011
Genre: Language Arts & Disciplines
ISBN: 0195387708

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"This work illustrates how domestic competition law policies intersect with the realities of international business. The first part of the book provides country reports explaining the extraterritorial reach of national laws; the countries covered are: Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore, and the United States. The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes"--Provided by publisher.

RETRACTED, The Regulation of Transnational Mergers in International and European Law

RETRACTED, The Regulation of Transnational Mergers in International and European Law
Author: Dimitris Liakopoulos
Publisher: BRILL
Total Pages: 248
Release: 2009-12-07
Genre: Law
ISBN: 9047431146

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The major problem associated with the regulation of transnational mergers, which affect several national markets, is the allocation of jurisdiction. Each country concerned may wish to exert jurisdiction and apply its national competition law to regulate the anti-competitive effects a merger may have in its territory. However, this approach may lead to risks of inconsistent decisions regarding the legality of mergers. Indeed, the national competition laws applied by the regulating authorities may diverge in several aspects, which raise the likelihood of inconsistency. Therefore it is desirable to opt for regulatory approaches which are more sensitive to the transnational nature of mergers and which allow cooperation between competition authorities. A possible solution may be bilateral cooperation agreements through which two countries coordinate the enforcement activities of their national competition authorities. However, the benefits of these agreements are enjoyed only by the signatory parties. The sole reliance upon bilateral agreements does not appear to be the optimal regulatory approach towards transnational mergers.

The Governance of Global Competition

The Governance of Global Competition
Author: Oliver Budzinski
Publisher: Edward Elgar Publishing
Total Pages: 311
Release: 2008-01-01
Genre: Business & Economics
ISBN: 1847209939

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. . . highly recommendable to anyone interested in international competition policy. Arndt Christiansen, European Competition Law Review This book provides a comprehensive and refreshing analysis of the competition issues raised by the globalisation of markets. It draws on a very wide range of economic and legal sources to assess the manifold proposals for controlling the competitive forces released by the freeing up of world markets. All those interested in these important and largely unresolved issues will find it an invaluable source of reference. Michael A. Utton, University of Reading, UK and Dongbei University of Finance and Economics, Dalian, China The globalization of market competition and business behaviour fosters globalization of cartels and monopolising mergers that can lead to abusive and predatory strategies. The globalization of competition therefore also demands an internationalization of competition policy. However, Oliver Budzinski is realistic in his assertion that supranational competition governance must be built upon the existing, predominantly national, regimes. The resulting multilevel system of antitrust institutions and authorities, he argues, is problematic for the horizontal and vertical allocation of competences. This book employs the economics of federalism to create an analytical framework which can be used for comparative analysis of stylised competence allocation rules. The result is a proposal for a sound international multilevel competition policy system that combines elements of both centralized and decentralized governance. This book provides an innovative and unique perspective on international competition policy and will be of interest to economists, legal scientists and competition authorities as well as academics and practitioners of international governance and international relations and politics.

The International Competition Network at Twenty

The International Competition Network at Twenty
Author: Paul Lugard
Publisher:
Total Pages: 514
Release: 2022-04-20
Genre:
ISBN: 9781939007094

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The International Competition Network (ICN) is a unique phenomenon. As a virtual and informal network of competition enforcement agencies from around the world, it has in less than two decades become the single most authoritative platform in the field of international competition law and policy. Currently uniting more than 140 competition authorities from developed and developing countries, the ICN has made significant contributions to the harmonization and converge once of procedural and substantive competition law and policy in the area of cartels, unilateral conduct and mergers. Moreover, the ICN has stimulated competition authorities to streamline procedures, pay due attention to procedural fairness guarantees for parties under investigation and to build up agency capacity, resources and knowledge to review and assess potentially anti-competitive conduct in addition to collaborating more effectively across jurisdictions on enforcement and policy. In doing so, the activities of the ICN are of direct importance to consumers worldwide. As a successor to The International Competition Network at Ten, a collection of commentaries that was published at the occasion of the ICN's tenth anniversary in 2011, this publication again brings together a number of essays written by leading competition agency officials, private sector lawyers and academics on the accomplishments and aspirations of the ICN at the end of its second decade. The essays included in this book provide insights into the origins of the ICN, cover the activities that the network has embarked upon during the past decade, explore its accomplishments and the future directions that the organization will embark upon in a challenging but exciting time that is witnessing a resurgence of popular interest in competition law, including an almost global backlash against parts of the tech industry and attempts to accommodate sustainability considerations, labor law issues and other public interest policies within competition law and, more recently, some dramatic geopolitical frictions. The authors and editors of this International Competition Law at Twenty book have sought to contribute to the history of the ICN through this collection at the dawn of the organization's third decade.

The Impact of the International Competition Network on Competition Advocacy and Global Competition Collaboration

The Impact of the International Competition Network on Competition Advocacy and Global Competition Collaboration
Author: Hetham Abu Karky
Publisher:
Total Pages: 12
Release: 2019
Genre:
ISBN:

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The International Competition Network (ICN) is an informal, virtual network that seeks to facilitate cooperation between competition law authorities globally. This study attempts to determine the impact of the ICN on competition advocacy and global competition collaboration. It does so by examining the impact of the ICN's Advocacy Working Group's activities on ICN members' domestic legislation and analyzing whether the ICN can help domestic competition authorities cooperate in international matters in two principal ways. First, the article assesses the impact of ICN efforts on legislation and international collaboration with respect to competition policy as well as working methods to deal with multinational cases. Second, the article identifies the strengths and weaknesses of ICN strategies and provides recommendations on how to enhance ICN's operations. These two methods of analysis help to determine if the ICN could serve as the basis for a new approach to address competition issues globally.

International Cooperation and Competition Enforcement

International Cooperation and Competition Enforcement
Author: Vinícius Marques de Carvalho
Publisher:
Total Pages: 0
Release: 2014
Genre: Antitrust law
ISBN: 9789041151452

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This book collects experience, initiatives, and insights from thirty-two contributors associated with competition enforcement agencies in Europe and the rapidly emerging economic powerhouse of Brazil. Among the issues and topics covered are the following:0- to what extent competition agencies rely on international cooperation in their daily work;0- what legal frameworks and regulatory systems underlie this cooperation;0- what works well and where there is room for improvement;0- participation of nongovernmental advisors (NGAs) from the business, professional, and academic milieus;0- how competition agencies get to be recognized by the government and the legislature as a source of expertise; and0- how to trigger advocacy on legislation.0Throughout, particular attention is paid to the ongoing work of the International Competition Network (ICN), the European Cooperation Network (ECN), and the Brazilian Administrative Council for Economic Defence (CADE).0Relying on an effects-based approach, these essays seek to foster international cooperation and facilitate effective international cooperation to the benefit of member agencies, consumers, and economies worldwide. Underlining the important thesis that international cooperation is a key element for convergence and for the future success of competition law enforcement, the book take a giant step towards demonstrating how the anti-cartel struggle can be supported and facilitated, and how fair cooperation in multijurisdictional mergers can be achieved. Practitioners, policymakers, and officials dedicated to the enhancement of competition laws worldwide will turn to this volume for years to come.0.