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Article: Convergence and Its Discontents: A Reconsideration of the Merits of Convergence of Global Competition Law

TitleConvergence and Its Discontents: A Reconsideration of the Merits of Convergence of Global Competition Law
Authors
KeywordsConvergence
Competition Law in Developing Countries
Competition Law and Culture
Issue Date2012
PublisherUniversity of Chicago, Law School. The Journal's web site is located at http://cjil.uchicago.edu
Citation
Chicago Journal of International Law, 2012, v. 12 n. 2, p. 433-490 How to Cite?
AbstractThis Article examines the recent phenomenon of the convergence of competition law regimes across the globe. The increasing harmonization of competition law, at both the procedural and substantive levels, has been widely discussed and applauded in recent years. This Article casts doubt on the conventional wisdom that convergence necessarily constitutes a positive development in global competition law. After analyzing the causes of the phenomenon, this Article argues that there should be limits to the pursuit of convergence. First, the costs of convergence should not be overlooked. The most important of such costs is the loss of national regulatory prerogative. Second, the multitude of goals that are pursued by different jurisdictions in their competition laws poses serious obstacles to convergence. Finally, the need to incorporate economic development considerations and cultural variations in market behavior further cautions against wholesale harmonization of competition laws.
Persistent Identifierhttp://hdl.handle.net/10722/144480
ISSN
2005 SCImago Journal Rankings: 0.103
SSRN

 

DC FieldValueLanguage
dc.contributor.authorCheng, TKH-
dc.date.accessioned2012-01-30T04:27:40Z-
dc.date.available2012-01-30T04:27:40Z-
dc.date.issued2012-
dc.identifier.citationChicago Journal of International Law, 2012, v. 12 n. 2, p. 433-490-
dc.identifier.issn1529-0816-
dc.identifier.urihttp://hdl.handle.net/10722/144480-
dc.description.abstractThis Article examines the recent phenomenon of the convergence of competition law regimes across the globe. The increasing harmonization of competition law, at both the procedural and substantive levels, has been widely discussed and applauded in recent years. This Article casts doubt on the conventional wisdom that convergence necessarily constitutes a positive development in global competition law. After analyzing the causes of the phenomenon, this Article argues that there should be limits to the pursuit of convergence. First, the costs of convergence should not be overlooked. The most important of such costs is the loss of national regulatory prerogative. Second, the multitude of goals that are pursued by different jurisdictions in their competition laws poses serious obstacles to convergence. Finally, the need to incorporate economic development considerations and cultural variations in market behavior further cautions against wholesale harmonization of competition laws.-
dc.languageeng-
dc.publisherUniversity of Chicago, Law School. The Journal's web site is located at http://cjil.uchicago.edu-
dc.relation.ispartofChicago Journal of International Law-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectConvergence-
dc.subjectCompetition Law in Developing Countries-
dc.subjectCompetition Law and Culture-
dc.titleConvergence and Its Discontents: A Reconsideration of the Merits of Convergence of Global Competition Lawen_US
dc.typeArticleen_US
dc.identifier.emailCheng, TKH: tkhcheng@hku.hk-
dc.description.naturepostprint-
dc.identifier.hkuros209048-
dc.identifier.volume12-
dc.identifier.issue2-
dc.identifier.spage433-
dc.identifier.epage490-
dc.identifier.ssrn1978505-
dc.identifier.hkulrp2012/003-

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