ACELG Discussion Group: Session 5
Tuesday, 12 January 2010, 1 p.m. University of Amsterdam, Faculty of Law, room E 3.03
Integrate or separate
The following paper will be discussed:
Kati Cseres " Integrate or separate: institutional design for the enforcement of competition law and consumer law"
This paper compares three different institutional designs for the public enforcement of competition law and consumer law. The three models represent different ways for combining or separating enforcement responsibilities. The allocation and division of competences across different enforcement agencies is analyzed through a comparative study between the different regulative approaches on a cross-country basis. The paper examines the legal and economic theories that govern the allocation of regulatory powers and it explores the various legal and economic arguments in favour of integrating or separating enforcement tasks. It first starts from current market developments on the intersection of competition law and consumer protection and their reflection in substantive law and policy. Second, it discusses the law and economics literature on optimal law enforcement and applies its criteria to institutional design. Beyond these criteria the paper adds a further aspect: how institutional arrangements affect the effectiveness of law enforcement. Such an evaluation will make use of economic theories developed by Coase on transaction costs and the theory of the firm, the insights of Williamson on institutional arrangements and governance structures, the theories of North on institutional environment (North, 1971, 1990), as well as Komesar's participation centred approach.Third, the paper explores the external influence of the EU on national institutional design. It discusses the question on how Europeanization process opens for or constraints new variations and possibilities for the institutional framework by changing opportunities for participation and constraining effects of institutional path dependence.
Venue and registration
Venue: University of Amsterdam, Faculty of Law, room E 3.03
Time and Date: Tuesday, 12 January January 2010, 1 p.m.
Everybody is warmly invited to join. However, participants are expected to have read the paper in order to to be able to fully engage in the discussion.
If you do wish to attend, please sign up to request the papers.
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