The Global Dominance of European Competition Law Over American Antitrust Law

36 Pages Posted: 28 May 2020 Last revised: 29 Oct 2020

See all articles by Anu Bradford

Anu Bradford

Columbia Law School; Columbia University - Law School

Adam Chilton

University of Chicago - Law School

Katerina Linos

University of California, Berkeley - School of Law ; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Alexander Weaver

affiliation not provided to SSRN

Multiple version iconThere are 2 versions of this paper

Date Written: December 2019

Abstract

The world's biggest consumer markets—the European Union and the United States—have adopted different approaches to regulating competition. This has not only put the European Union and the United States at odds in high‐profile investigations of anticompetitive conduct, but also made them race to spread their regulatory models. Using a novel dataset of competition statutes, we investigate this race to influence the world's regulatory landscape and find that E.U. competition laws have been more widely emulated than the U.S. antitrust laws. We then argue that both “push” and “pull” factors explain the appeal of the E.U. competition regime: the European Union actively promotes its model through preferential trade agreements and has an administrative template that is easy to emulate. As E.U. and U.S. regulators offer competing regulatory models in domains as diverse as privacy, finance, and environmental protection, our study sheds light on how global regulatory races are fought and won.

Suggested Citation

Bradford, Anu and Bradford, Anu and Chilton, Adam and Linos, Katerina and Weaver, Alexander, The Global Dominance of European Competition Law Over American Antitrust Law (December 2019). Journal of Empirical Legal Studies, Vol. 16, Issue 4, pp. 731-766, 2019, Available at SSRN: https://ssrn.com/abstract=3607375 or http://dx.doi.org/10.1111/jels.12239

Anu Bradford (Contact Author)

Columbia Law School ( email )

435 West 116th Street
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United States

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10009

Adam Chilton

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

HOME PAGE: http://www.adamchilton.org

Katerina Linos

University of California, Berkeley - School of Law ( email )

488 Boalt Hall
Berkeley, CA 94720-7200
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Alexander Weaver

affiliation not provided to SSRN

No Address Available

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