Toward Global Governance in Competition Law: Focusing on the International Competition Network
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The notion of networked governance could be introduced as a way to achieve a more balanced mechanism for sustainable global development, including an equitable sharing among countries of the social consideration in the global economy. The use of flexibility and fairness are key characteristics of implementing this networked governance. A strong example of global governance through network is the International Competition Network (“ICN”), established in 2001 for the purpose of cooperative enforcement among domestic enforcers for cross‐border anticompetitive practices and the convergence of competition law. The ICN approach to global governance in competition law is a characteristic approach in comparison with already existing approaches such as the WTO, the OECD. First, the ICN is the only institution concentrating on competition law. The ICN is an independent body with no structural links to any already existing international organizations dealing with competition policy. Second, the ICN is largely composed of frontline enforcers in different nations, providing an effective approach to cross‐border anti- competitive practices. Third, the ICN is a project‐oriented body for enforcers from developed and developing countries to formulate consensus positions on specific proposals for procedural and substantive convergence in competition enforcement.
Abstract
The notion of networked governance could be introduced as a way to achieve a more balanced mechanism for sustainable global development, including an equitable sharing among countries of the social consideration in the global economy. The use of flexibility and fairness are key characteristics of implementing this networked governance. A strong example of global governance through network is the International Competition Network (“ICN”), established in 2001 for the purpose of cooperative enforcement among domestic enforcers for cross‐border anticompetitive practices and the convergence of competition law. The ICN approach to global governance in competition law is a characteristic approach in comparison with already existing approaches such as the WTO, the OECD. First, the ICN is the only institution concentrating on competition law. The ICN is an independent body with no structural links to any already existing international organizations dealing with competition policy. Second, the ICN is largely composed of frontline enforcers in different nations, providing an effective approach to cross‐border anti- competitive practices. Third, the ICN is a project‐oriented body for enforcers from developed and developing countries to formulate consensus positions on specific proposals for procedural and substantive convergence in competition enforcement.
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