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Global CompetitionLaw, Markets, and Globalization$
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David Gerber

Print publication date: 2010

Print ISBN-13: 9780199228225

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199228225.001.0001

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Convergence as Strategy: Scope and Limits

Convergence as Strategy: Scope and Limits

(p.273) 8 Convergence as Strategy: Scope and Limits
Global Competition

David J. Gerber

Oxford University Press

This chapter looks analytically at the dynamics of economic globalization, and the economic and political contexts to which any transnational competition law strategy must respond. These dynamics feature interplays between national and transnational interests, objectives, institutions and ideas. National borders remain the key factor in this interplay. The chapter then examines convergence as a strategy for global competition law development; the idea that increases in similarities among competition law systems throughout the world are likely and that they will significantly improve the jurisdictional regime. The analysis identifies the potential of convergence, but also reveals its weaknesses and limitations. It concludes that meaningful and effective convergence over broad areas of competition law is less likely than some assume and that by itself, convergence is not an adequate response to the challenges of protecting global competition and securing widespread national support for it.

Keywords:   economic policy, global strategy, convergence, globalization, national borders, jurisdictional regime, jurisdiction's limitations, potential, national support

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