Systems Theory and Antitrust Federalism: towards an Integrated Approach to Antitrust Enforcement in the EU and the US


Investigator:
Anton Dinev

Abstract:
Despite the apparent convergence of substantive goals between the EU and US competition policies, the actual enforcement of the relevant antitrust prohibitions may still warrant contradictory outcomes in individual cases on either side of the Atlantic. In order to provide guidance for a more consistent transatlantic antitrust enforcement, this research project relies on the systems theory to identify common patterns and causes for these patterns in leading cases decided by courts and agencies in Europe and America. A key concept, the system of rules and decisions, aims to shed new light on the current dynamics of antitrust federalism as a major yet relatively overlooked source of enforcement divergence.