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Cooperation, Comity, and Competition Policy$
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Andrew T. Guzman

Print publication date: 2010

Print ISBN-13: 9780195387704

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780195387704.001.0001

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Antitrust Without Borders: From Roots to Codes to Networks

Antitrust Without Borders: From Roots to Codes to Networks

(p.265) 13 Antitrust Without Borders: From Roots to Codes to Networks
Cooperation, Comity, and Competition Policy

Eleanor M. Fox

Oxford University Press

Antitrust law has moved from a national enterprise to an international enterprise. Markets transcend national boundaries, and many problems appear to require supranational or cooperative solutions. The 1990s were an era of visions of a multilateral framework, possibly under the aegis of the World Trade Organization. As the 1990s drew to a close, multilateral agreement seemed more remote, and networking solutions seemed more practical and attractive. International antitrust today is less “world antitrust” and more “antitrust without borders”. This chapter describes the intellectual journey from hierarchy to networking; although the journey is not over. Using the subsidiarity principle, it identifies the problems that can be tackled horizontally, and how and in what forum; it identifies the problems that still need a solution from the top; and it suggests that, at least in the short term, more targeted solutions will be sought for the truly global problems.

Keywords:   subsidiarity principle, comity, extraterritoriality, antirust, World Trade Organization

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