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The Global Dominance of European Competition Law Over American Antitrust Law

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  • Anu Bradford
  • Adam Chilton
  • Katerina Linos
  • Alexander Weaver

Abstract

The world's biggest consumer markets—the European Union and the United States—have adopted different approaches to regulating competition. This has not only put the European Union and the United States at odds in high‐profile investigations of anticompetitive conduct, but also made them race to spread their regulatory models. Using a novel dataset of competition statutes, we investigate this race to influence the world's regulatory landscape and find that E.U. competition laws have been more widely emulated than the U.S. antitrust laws. We then argue that both “push” and “pull” factors explain the appeal of the E.U. competition regime: the European Union actively promotes its model through preferential trade agreements and has an administrative template that is easy to emulate. As E.U. and U.S. regulators offer competing regulatory models in domains as diverse as privacy, finance, and environmental protection, our study sheds light on how global regulatory races are fought and won.

Suggested Citation

  • Anu Bradford & Adam Chilton & Katerina Linos & Alexander Weaver, 2019. "The Global Dominance of European Competition Law Over American Antitrust Law," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(4), pages 731-766, December.
    • Handle: RePEc:wly:empleg:v:16:y:2019:i:4:p:731-766
    DOI: 10.1111/jels.12239
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    References listed on IDEAS

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    1. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    2. Andreas Dür & Leonardo Baccini & Manfred Elsig, 2014. "The design of international trade agreements: Introducing a new dataset," The Review of International Organizations, Springer, vol. 9(3), pages 353-375, September.
    3. De Búrca, Gráinne & Keohane, Robert O. & Sabel, Charles, 2014. "Global Experimentalist Governance," British Journal of Political Science, Cambridge University Press, vol. 44(03), pages 477-486, July.
    4. Anu Bradford & Adam S. Chilton, 2019. "Trade Openness and Antitrust Law," Journal of Law and Economics, University of Chicago Press, vol. 62(1), pages 29-65.
    5. Dür, Andreas & Baccini, Leonardo & Elsig, Manfred, 2014. "The design of international trade agreements: introducing a new dataset," LSE Research Online Documents on Economics 59179, London School of Economics and Political Science, LSE Library.
    6. Rachael K. Hinkle, 2015. "Into the Words: Using Statutory Text to Explore the Impact of Federal Courts on State Policy Diffusion," American Journal of Political Science, John Wiley & Sons, vol. 59(4), pages 1002-1021, October.
    7. Anu Bradford & Adam S. Chilton & Christopher Megaw & Nathaniel Sokol, 2019. "Competition Law Gone Global: Introducing the Comparative Competition Law and Enforcement Datasets," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(2), pages 411-443, June.
    8. Anu Bradford & Adam S Chilton, 2018. "Competition Law Around The World From 1889 To 2010: The Competition Law Index," Journal of Competition Law and Economics, Oxford University Press, vol. 14(3), pages 393-432.
    9. Linos, Katerina & Pegram, Tom, 2016. "The Language of Compromise in International Agreements," International Organization, Cambridge University Press, vol. 70(3), pages 587-621, July.
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    Cited by:

    1. Kim, Incheol & Lee, Suin & Sharma, Bina, 2023. "Competition law reform and firm performance: Evidence from developing countries," Emerging Markets Review, Elsevier, vol. 56(C).

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