Eleanor M Fox - The Design of Competition Law Institutions: Global Norms, Local Choices

LAW AND GLOBAL GOVERNANCE SERIES

Editors:
Andrew Hurrell, Benedict Kingsbury, and Richard B. Stewart

Global governance involves the exercise of power, beyond a single state, to influence behaviour, to generate resources, or to allocate authority. Regulatory structures, and law of all kinds, increasingly shape the nature, use, and effects of such power. These dynamic processes of ordering and governance blend the extranational with the national, the public with the private, the political and economic with the social and cultural. Issues of effectiveness, justice, voice, and inequality in these processes are growing in importance. This series features exceptional works of original research and theoryboth sector-specific and conceptualthat carry forward the serious understanding and evaluation of these processes of global governance and the role of law and institutions within them. Contributions from all disciplines are welcomed. The series aims especially to deepen scholarship and thinking in international law, international politics, comparative law and politics, and public and private global regulation. A major goal is to study governance globally, and to enrich the literature on law and the nature and effects of global governance beyond the North Atlantic region.

ALSO PUBLISHED IN THE SERIES

Governance by Indicators

Global Power through Quantification and Rankings

Edited by Kevin E. Davis, Angelina Fisher, Benedict Kingsbury, and Sally Engle Merry

Global Norms, Local Choices

Edited by
ELEANOR M. FOX
and
MICHAEL J. TREBILCOCK

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The various contributors 2013

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We acknowledge with much gratitude the generous financial assistance of the International Development Research Centre of Ottawa, Canada, and the special help and advice of Susan Joekes, Senior Program Specialist at IDRC.

We acknowledge, also, the summer research support of the Filomen DAgostino and Max E. Greenberg Foundation.

We owe many personal debts. Many thanks to Professors Richard Stewart and Benedict Kingsbury, founders of the project on Global Administrative Law, for sparking the GAL competition project and giving us inspiration and guidance throughout; to Megan Donaldson of NYUs Institute for International Law and Justice for her administration of the project; to NYU Law graduate students Marcos Exposto Jr., Kojiro Fujii, Shashank Gautum, and Tara Kelly for their excellent assistance at the various stages of the project; and of course to the whole GAL competition project team, the authors of the chapters from around the world, with whom we worked intensively to bring the project and book to fruition. Thanks also to our NYU assistant, Linda Smalls, for her tireless work on coordinating the many pieces.

Eleanor M. Fox
New York, New York
Michael J. Trebilcock
Toronto, Canada
May 2012

Francisco Agero is Director of the Center on Regulation and Competition in the Faculty of Law, University of Chile, and Secretary to the Expert Panel of the General Law of Electricity Services.

Arianna Andreangeli is the Lecturer in Competition Law at Edinburgh Law School, University of Edinburgh.

Amedeo Arena is Assistant Professor of International and European Union Law at the University of Naples Federico II School of Law.

Dennis Davis is a Judge of the High Court of South Africa, Judge President of the Competition Appeal Court of South Africa, and an Honorary Professor of Law at the University of Cape Town.

Harry First is Charles L. Denison Professor of Law at New York University School of Law, Director of the Law Schools Competition, Innovation, and Information Law Program, and Co-Director of the Engelberg Center on Innovation Law and Policy.

Eleanor M. Fox is Walter J. Derenberg Professor of Trade Regulation at the New York University School of Law.

Lara Granville is an attorney at Norton Rose South Africa, Johannesburg.

Daniel E. Hemli is a partner at Bracewell & Giuliani LLP, New York.

Edward Iacobucci is the Osler Chair in Business Law in the Faculty of Law at the University of Toronto.

Ioannis Lianos is Reader in Competition Law and Economics at University College London, and Director of UCLs Centre for Law, Economics & Society.

Santiago Montt is a Senior Researcher at the Center on Regulation and Competition, Faculty of Law, University of Chile.

Simon Peart is an Associate at Freshfields Bruckhaus Deringer, London.

Tadashi Shiraishi is Professor of Competition Law in the Graduate Schools for Law and Politics at the University of Tokyo.

Jessica Su is a Postdoctoral Fellow at the Chinese Academy of Social Sciences.

Michael J. Trebilcock is University Professor and Professor of Law and Economics at the University of Toronto.

Xiaoye Wang is Distinguished Professor of Law at Hunan University and the Chinese Academy of Social Sciences, and Consultant Expert for the Anti-Monopoly Commission under the State Council of the Peoples Republic of China.