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The Global Limits of Competition Law$
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D. Daniel Sokol and Ioannis Lianos

Print publication date: 2012

Print ISBN-13: 9780804774901

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804774901.001.0001

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Competition Authorities

Competition Authorities

Independence and Advocacy

(p.158) 11 Competition Authorities
The Global Limits of Competition Law

Frédéric Jenny

Stanford University Press

This chapter examines the issue of the relationship between the independence of competition authorities and their ability to advocate for competition. It argues that the model of competition authorities as institutions independent of the executive branch of government focused mostly on the anticompetitive practices of firms. Under such models, competition authorities are largely left out of the policy debate and are not consulted on a range of issues that may affect the competitive environment. Whether this is a good or a bad thing is open to debate, and the answer partly rests on an assumption about the respective roles of law enforcement and advocacy in shaping a more competitive environment for the future. The chapter suggests that the model of a competition authority independent of the executive, but in charge of both antitrust enforcement and competition advocacy, may need to be revised. A better model would separate the functions and include an independent enforcer and an administrative body in charge of competition advocacy.

Keywords:   competition authorities, competition law, independence, competition advocacy, law enforcement, antitrust

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