Anticompetitive Government Regulation
Anticompetitive Government Regulation
This chapter discusses the causes and dynamics of anticompetitive government regulation. It suggests both the potential of antitrust to address the behavior and the limits of antitrust in this regard. It details the types of action that agencies around the world undertake against anticompetitive government restraints. Unlike other areas of antitrust action by competition agencies, action against public restraints may not take the form of enforcement in all cases. Indeed, in some cases an antitrust agency may undertake competition advocacy when there is no way under competition law to litigate against such conduct. The chapter concludes by suggesting how competition agencies should prioritize the kinds of advocacy interventions that may prove to be more successful in terms of addressing this set of limits of antitrust.
Keywords: anticompetitive government regulation, competition advocacy, competition law, antitrust, advocacy interventions, competition agencies
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