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Towards a Differentiated Analysis of Competition of Competition Laws

Wolfgang Kerber () and Oliver Budzinski

No 2004-1-1090, German Working Papers in Law and Economics from Berkeley Electronic Press

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.

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