The Law and Politics of Global Competition: Influence and Legitimacy in the International Competition Network

The International Competition Network (ICN) is a transnational network that advocates for superior standards and procedures in competition policy. It includes nearly all competition authorities and non-governmental advisors. This book hypothesizes that the ICN's neutral structures provide powerful influence mechanisms for strong NCAs and NGAs, over the weak, and competition experts over wider state interests. It discusses the legitimacy of this from a political and legal theory perspective, analyzes the ICN's effectiveness and efficiency, and suggests ways to improve it. This study has important implications for the ICN and the wider regulatory community.

Format: Hardback
Length: 400 pages
Publication date: 31 January 2022
Publisher: Oxford University Press

The International Competition Network (ICN) is a global organization dedicated to promoting the adoption of superior standards and procedures in competition policy worldwide. Its mission encompasses three key objectives:

Advocacy: The ICN advocates for the implementation of best practices in competition policy across different countries. It works to raise awareness about the benefits of competition and promote its enforcement to ensure fair and efficient markets.

Proposal Development: The ICN formulates proposals aimed at achieving procedural and substantive convergence in competition policy. These proposals seek to harmonize regulations and practices across nations to foster a more level playing field for businesses and consumers.

International Cooperation: The ICN seeks to facilitate effective international cooperation among competition authorities, non-governmental advisors (NGAs), and competition experts. It aims to promote knowledge sharing, exchange of best practices, and collaboration in addressing global competition challenges.

ICN members consist of nearly all competition authorities (NCAs) from around the world, representing over 100 countries. In addition to NCAs, the ICN includes non-governmental advisors (NGAs), primarily large multi-nationals and the legal and economic professions. The inclusion of NGAs enhances the discussions and outputs of the ICN by bringing diverse perspectives and expertise to the table.

The ICN operates as a transnational network, established and governed by its members. It operates largely without broader state input, allowing for a more independent and member-driven approach. This unique structure provides powerful influence mechanisms for strong NCAs and NGAs, who can advocate for their interests and influence policy decisions. On the other hand, it may also give competition experts greater sway over wider state interests, raising questions about the legitimacy of this power imbalance.

This book explores the legitimacy of the ICN's formally neutral structures from a political and legal theory perspective. It analyzes the effectiveness and efficiency of the ICN in achieving its objectives and suggests ways to improve its performance. The study has significant implications for the ICN itself, particularly as it embarks on its Third Decade Project, which aims to conduct a comprehensive self-evaluation. However, the story presented here is also relevant to states and the broader regulatory community, as transnational networks are increasingly used in various sectors.

In conclusion, the International Competition Network (ICN) plays a crucial role in promoting competition policy excellence and fostering international cooperation. Its membership comprises NCAs and NGAs from around the world, and its formally neutral structures provide powerful influence mechanisms for strong NCAs and NGAs. While the ICN's effectiveness and efficiency are subject to debate, it remains an important platform for addressing global competition challenges. As the ICN continues to evolve and adapt to changing circumstances, it will be important to ensure that its activities align with the broader interests of states, consumers, and economies worldwide.

Weight: 706g
Dimension: 241 x 160 x 25 (mm)
ISBN-13: 9780198859789