Boston University School of Law

 

Antitrust Enforcement Regimes: Fundamental Differences

Keith N. Hylton
Boston University School of Law


Boston University School of Law Working Paper No. 12-41 (August 23, 2012)

Abstract

Since China has modeled its antitrust regime on that of the EU, there are essentially two antitrust regime types: the U.S. and the EU.  This chapter is a brief comparative study of the two regimes.  I focus on three categories in which fundamental differences are observed: enforcement, legal standards, and procedure.  Within each of the three categories, I narrow the focus to a specific illustrative feature.  With respect to enforcement, the EU imposes gain-based penalties while the U.S. imposes harm-based penalties.  In predation law, the U.S. has a marginal cost standard and the EU has an average cost standard.  With respect to procedure, the U.S. is a common law system, while the EU’s procedure is closer to the civil law system in its allocation of power between the courts and the enforcement agency.  These differences have profound implications for the welfare consequences of global antitrust enforcement.

 

Size: 184 KB

Adobe Acrobat Reader v3.01 or greater is required to view this paper.
To obtain a free copy, click the button below

 

 

Contact Information

Keith N. Hylton

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215

knhylton@bu.edu

SOCIAL SCIENCE RESEARCH NETWORK