Dynamic Diffusion

77 Pages Posted: 27 Aug 2021

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

Date Written: August 24, 2021

Abstract

Thousands of studies document how laws spread around the world, but they typically focus on initial policy adoption and ignore later developments. We propose a conceptual typology to classify the three possible subsequent diffusion patterns: (1) convergence, when countries revise their laws to align more closely with leading regulators; (2) customization, when countries move their laws away from global models; and (3) stagnation, when countries cease passing new legislation in a given area. We hypothesize that, given adequate administrative capacity, convergence will predominate among countries that are geographically proximate to the main centers of regulation, while customization will occur more frequently in geographically distant countries. Stagnation will prevail in countries with low administrative capacity. We explore these predictions in the area of antitrust by combining quantitative analysis of antitrust laws from 1958 to 2010 and three case studies. Our findings confirm our predictions and suggest that diffusion processes have major long-term impacts.

Keywords: Comparative Law, Legal Diffusion, Diffusion, Antitrust Law, Competition Law, European Union

Suggested Citation

Bradford, Anu and Bradford, Anu and Chilton, Adam and Linos, Katerina, Dynamic Diffusion (August 24, 2021). Available at SSRN: https://ssrn.com/abstract=3911538 or http://dx.doi.org/10.2139/ssrn.3911538

Anu Bradford

Columbia Law School ( email )

435 West 116th Street
New York, NY 10027
United States

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10009

Adam Chilton (Contact Author)

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

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