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A Summing Up

A Summing Up

(p.197) 10 A Summing Up
The Atlantic Divide in Antitrust
Daniel J. GiffordRobert T. Kudrle
University of Chicago Press

Recent years have seen EU competition policy move markedly away from “form-based” towards “effects-based” application. At the same time, in some respects, U.S. policy has become more non-interventionist. Thus, while some convergence can be discerned, the picture is complex, and there are substantial remaining differences. Some have argued that the U.S. lags Europe by not incorporating a sufficient amount of “post-Chicago” learning. Some of that learning tends to tilt somewhat in the direction of rivalry protection, and this is the main continuing source of tension between the U.S. and the EU overall. Important differences remain between these two huge jurisdictions, and these are greater than often assumed. Nevertheless, the U.S. and the EU cooperate in antitrust more extensively than ever before, and the foundation for both further convergence and even greater cooperation is firmly in place.

Keywords:   form-based, effects-based, post-Chicago, rivalry protection, convergence, cooperation

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