Towards a Differentiated Analysis of Competition of Competition Laws

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German Working Papers in Law and Economics

AUTHOR:
Wolfgang Kerber and Oliver Budzinski

TITLE:
Towards a Differentiated Analysis of Competition of Competition Laws

SUGGESTED CITATION:
Wolfgang Kerber and Oliver Budzinski (2004) "Towards a Differentiated Analysis of Competition of Competition Laws", German Working Papers in Law and Economics: Vol. 2004: Article 12.
http://www.bepress.com/gwp/default/vol2004/iss1/art12

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ABSTRACT:
Can "competition of competition laws" be a feasible concept that should play an important role in an international order for the worldwide protection of competition? We introduce four different types of regulatory competition that allow for a more differentiated analysis of beneficial and deficient effects of competition of competition laws. Our analysis shows that most types of regulatory competition have a rather limited scope for application to competition laws. However, yardstick competition can be very promising and represents a powerful argument against centralisation. An important result of our analysis is that the institutional framework of any competition of competition laws plays a crucial role for its workability.