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Comparing Antitrust Enforcement In The United States And Europe

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  • Douglas H. Ginsburg

Abstract

Among the many important changes wrought by Regulation 1/2003 are the decentralization of responsibility for enforcing EU competition law from Brussels to Member States and the creation of the European Competition Network to encourage coordination and information-sharing among the 26 competition authorities in the EU. This article contrasts Europe's new system of competition enforcement under Regulation 1/2003 with that of the United States. I focus upon two of the more significant features of the U.S. system: the dual legislative and enforcement authority of the States and the Federal Government, and private enforcement. The Commission is presently evaluating measures to facilitate private enforcement and is set to release a Green Paper on that topic later this year. I highlight a few characteristics that have made private enforcement such a significant component of the U.S. antitrust regime, in some ways and at some times providing too much incentive for plaintiffs, at the expense of neutral or procompetitive business activity.

Suggested Citation

  • Douglas H. Ginsburg, 2005. "Comparing Antitrust Enforcement In The United States And Europe," Journal of Competition Law and Economics, Oxford University Press, vol. 1(3), pages 427-439.
    • Handle: RePEc:oup:jcomle:v:1:y:2005:i:3:p:427-439.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhi017
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    Cited by:

    1. Rajabiun Reza, 2009. "Competition Law as Development Policy: Evidence from Poland," The Law and Development Review, De Gruyter, vol. 2(1), pages 116-150, August.
    2. Mariotti, Sergio & Marzano, Riccardo, 2021. "The effects of competition policy, regulatory quality and trust on inward FDI in host countries," International Business Review, Elsevier, vol. 30(6).
    3. Sergio Mariotti, 2023. "Competition policy in the new wave of global protectionism. Prospects for preserving a fdi-friendly institutional environment," Economia e Politica Industriale: Journal of Industrial and Business Economics, Springer;Associazione Amici di Economia e Politica Industriale, vol. 50(2), pages 227-241, June.
    4. Huo, Jingjing, 2015. "How Nations Innovate: The Political Economy of Technological Innovation in Affluent Capitalist Economies," OUP Catalogue, Oxford University Press, number 9780198735847.
    5. McAfee, R. Preston & Mialon, Hugo M. & Mialon, Sue H., 2008. "Private v. public antitrust enforcement: A strategic analysis," Journal of Public Economics, Elsevier, vol. 92(10-11), pages 1863-1875, October.

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