Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other...

Discussions of the future of competition law on the transnational level often reflect assumptions about the role of economics. Perhaps the most pivotal of these assumptions is that economics can provide a basis for global competition law convergence. It is pivotal, because choices and strategies...

Competition law officials and economic policy decision makers in developing countries often face a dilemma. They are often told by foreign advisers that they should adopt a form of competition law that relies on economics to provide the standard for competition law liability – i.e., the norms...

Uncertainty has been an increasingly central theme in discussions of competition law in Europe since the beginning of “modernization” efforts in the 1990s. This may seem paradoxical, because the modernization programs – both institutional and substantive – were intended to reduce the...

In this essay I explore the Austrian origins of European competition law in order better to understand the forces that have shaped the subsequent development of these ideas and continue to influence their operation today. Analysis of the origins of these ideas also provides a valuable...

People usually read books about law in order to find out what is in them. Most books, in fact, can only be read on this level, because their only role is as a source of information. Occasionally, however, a book plays a significant enough role within a legal system that it can also be read at a...

Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a...

In my introduction to this Symposium I suggested that the expansion of international intellectual property rights in the context of global technological integration called for the development of new perspectives for assessing this phenomenon and its implications. In this Essay I explore the...

In a 1991 article entitled The Transformation of Europe, Joseph Weiler analyzed the profound changes that have occurred in the institutional structure of the European Community during the past two decades. The cumulative effect of these changes has been, he claimed, to "transform" the Community,...

In this Symposium we view global technological integration from two public policy vantage points. One, the international intellectual property rights regime, is concerned with creating and protecting rights and the incentives associated with them. The other, competition law, seeks to protect the...