Abstract

This chapter examines various formal international antitrust institutions. It begins by exploring the different types of international conduct that suggest the need for an international institutional response. It then discusses the different existing supranational antitrust institutions. These institutions vary in terms of size (global vs. regional), design (hard vs. soft law), and effectiveness. Next, the chapter explores the strengths and weaknesses and the effectiveness of each of these international antitrust institutions. It concludes that soft law international antitrust organizations are the best institutional choices to reduce the problems of international antitrust. Particularly noteworthy has been the rapid development and effectiveness of the International Competition Network (ICN). The ICN has, in its short history, made significant strides in increased harmonization in procedural issues and some substantive issues. How much convergence is optimal and how best to effectuate it remain open questions not merely for the ICN, but for all existing (and potentially new) international antitrust institutions.

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