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1 J. Int'l & Comp. L. 39 (2014)
Internationalization of Competition Law and Policy: The Domestic Perspective

handle is hein.journals/jintcl1 and id is 39 raw text is: 







     INTERNATIONALIZATION OF COMPETITION LAW
         AND POLICY: THE DOMESTIC PERSPECTIVE

                    Ariel Ezrachi* and Maria Ioannidou**

   Abstract: Recent decades have witnessed a marked internationalization
   of competition law enforcement and dialogue. Multinational, regional
   and bilateral efforts have contributed to the approximation of competition
   law regimes worldwide and to collaborative enforcement. However,
   notwithstanding these valuable developments, domestic social, political,
   industrial and market considerations still affect the scope and application of
   national competition laws. This article explores the meeting points between
   the domestic perspective of competition law enforcement and growing
   international collaboration and enforcement efforts. In doing so, it highlights
   the intrinsic national nature which is embedded in the DNA of competition
   law and the natural limits of international convergence and collaboration in
   this area.

   Keywords: Competition law; international cooperation; convergence;
   developed and developing countries; export cartels; transfer of wealth;
   extraterritoriality.


                              I.    Introduction

Recent decades have been characterized by increased internationalization ofcompetition
law enforcement. A record number of jurisdictions have adopted competition laws and
invested in effective enforcement mechanisms.' A remarkable effort at international
level has resulted in the proliferation of collaborative networks, assimilation of law
and policy and cross-fertilization. To the benefit of consumers worldwide, it has led to
increased proficiency in tackling anticompetitive activities.
    This trend reflects an almost global consensus on the benefits of free competitive
markets. The international landscape is characterized by increasing discussions and


* Slaughter and May Professor of Competition Law, University of Oxford.
** Lecturer in Law, University of Surrey.
1 UNCTAD, 'Directory of Competition Authorities' (TD/B/COM.2/CLP/56) (2007); John Fingleton,
   An International Perspective (Sept 2010) 3 Concurrences Journal (Interview), available at <http://www.
   concurrences.com/Joumal/Issues/No-3-2010/John-FINGLETON-An-international> (accessed 30 Dec 2013).
   Recent developments include the adoption of competition law by a number of Asian countries such as Indonesia,
   Malaysia, Thailand, Vietnam, Singapore and China. See Maher and Papadopoulos, Competition Agency
   Networks around the World in Ezrachi (ed), Research Handbook on International Competition Law (Edward
   Elgar, 2012) 60, 81; Williams, The Lion City and the Fragrant Harbor: The Political Economy of Competition
   Policy in Singapore and Hong Kong Compared (2009) 54 Antitrust Bulletin 517; Wang, The New Chinese
   Anti-Monopoly Law: A Survey of a Work in Progress (2009) 54AntitrustBulletin 579.

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