The case for international cooperation in competition policy is weaker than commonly thought. First, the lion's share of international transactions (the only kind for which international cooperation is relevant) involves industries for which there is no clear consensus about optimal industry structure. Second, there are strong theoretical reasons why states would exploit all forms of regulation, including competition regulation, to benefit incumbent producers to the cost of consumers. Third, the historical record demonstrates that states have invoked competition policy exactly in this manner. Fourth, arguments that competition regulators can gain solidarity and increased leverage against their domestic adversaries through strengthened international cooperation do not withstand scrutiny.
En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...
Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory...
Countries hit by unexpected crises often look to their overseas diasporas for assistance. Some countries have tapped into this generosity of their...
In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...
In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...
In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...
Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors...
At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state...
Since Russia invaded Ukraine in 2022, the United States and its allies have searched for the best way to express their horror and dismay. At the level...
Ethnographic approaches are not as widely practiced among constitutional scholars as they probably should be. Some may harbor perfectly reasonable...
The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international...
National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...
The roots of this book run through an article in this Journal almost forty years ago. Professor Iwasawa, as he was then, came to the University of...
Over the past year, a range of presidential candidates and members of Congress have argued that the United States might benefit from conducting...
In the years since the publication of our book, How Constitutional Rights Matter, many scholars from around the world have engaged with our research...