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The Future of International Competition Law Enforcement
An Assessment of the EUâs Cooperation Efforts
Series: - Studies in EU External Relations, Volume: 14
Author:
While forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The workâs focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.
Valerie Demedts defended her PhD on 23 October 2017 at Ghent University, Belgium. Currently she works as a case handler for the Belgian Competition Authority. She published many articles relating to international cooperation in competition law enforcement sensu lato.
Acknowledgements List of Abbreviations Introduction: Ready, Willing, and Able? PART 1 Trial and Error in the Development of International Competition Law Enforcement Cooperation 1 Need for International Competition Cooperation â1.1 Globalisation â1.2 Proliferation of Competition Laws and Increase in Enforcement Activity 2 Four Axes of International Competition Cooperation â2.1 Multilateralism v Bilateralism â2.2 Enforcement Cooperation v Convergence/Harmonisation â2.3 Formal v Informal Cooperation â2.4 Hard v Soft Law 3 Origins of International Competition Cooperation â3.1 External Events Overthrew Early Multilateral Initiatives â3.2 Extraterritoriality Emerged as Default Solution â3.3 Multilateral Efforts Continue to Fail â3.4 The OECD Recommendations and the Switch to the Bilateral Level 4 Intermediate Conclusion Part 1 PART 2 An Assessment of the EUâs Dedicated Competition Cooperation Agreements 1 Benchmarks â1.1 Introduction â1.2 Measurable Benchmarks 2 First Generation Agreements: A Costly Way to Create and Maintain Momentum â2.1 Context of Conclusion of the EU-US Agreement â2.2 Cooperation Mechanisms in the EU-US Agreement â2.3 Legal Nature â2.4 Use of the EU-US Agreements â2.5 Assessment 3 Second Generation Agreements: Ignoring Crucial Issues â3.1 A Strong Call for Intensified Cooperation â3.2 The EU-Switzerland Second Generation Agreement â3.3 Limited Use of Existing Second Generation Agreements â3.4 A Particular Challenge: The Concept of âConfidential Informationâ â3.5 Concerns About the Exchange of Confidential Information and How They are Addressed by the EU-Switzerland Agreement â3.6 Assessment Based on Benchmarks 4 Alternatives and Complements: Workable or Not? â4.1 Alternative Cooperation Mechanisms in the Field of Competition Law â4.2 Cooperation in Other Policy Fields 5 Intermediate Conclusion Part 2 PART 3 Dedicated Agreements versus Integration in a Broader Framework 1 Substantive Integration: Competition in the Global Trade SystemâA Cautionary Tale â1.1 Relevance and Scope â1.2 Emergence of Competition Chapters in FTAS â1.3 Competition Chapters in Bilateral EU FTAS : From Traditional FTAS Over Post-Global Europe FTAS to Mega-FTAS â1.4 The Rationale for Inclusion: Proâs and Conâs 2 Geographical Integration: The Multilateral Approach â2.1 Different Multilateral Forums with Distinct Challenges 3 Intermediate Conclusion Part 3 Conclusion: Ready, but not Willing or Able Selected Bibliography Index
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