#11468. In the absence of global antitrust law: looking to “bricks and mortar” institutions and agency networks
August 2026 | publication date |
Proposal available till | 23-05-2025 |
4 total number of authors per manuscript | 0 $ |
The title of the journal is available only for the authors who have already paid for |
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Journal’s subject area: |
Law;
Sociology and Political Science; |
Places in the authors’ list:
1 place - free (for sale)
2 place - free (for sale)
3 place - free (for sale)
4 place - free (for sale)
Abstract:
This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes. Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence.
Keywords:
Antitrust Enforcement; Competition law; Epistemic community; EU competition law; European Competition Network; International Competition Network; Soft law; World Trade Organisation
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