Future of International Competition Law Enforcement

Valerie Demedts defended her PhD on 23 October 2017 at Ghent University, Belgium. Currently she works as a case handler for the Belgian Competition Authority. She published many articles relating to international cooperation in competition law enforcement sensu lato.

• AcknowledgementsList of AbbreviationsIntroduction: Ready, Willing, and Able?PART 1Trial and Error in the Development of International Competition Law Enforcement Cooperation1 Need for International Competition Cooperation1.1 Globalisation1.2 Proliferation of Competition Laws and Increase in Enforcement Activity2 Four Axes of International Competition Cooperation2.1 Multilateralism v Bilateralism2.2 Enforcement Cooperation v Convergence/Harmonisation2.3 Formal v Informal Cooperation2.4 Hard v Soft Law3 Origins of International Competition Cooperation3.1 External Events Overthrew Early Multilateral Initiatives3.2 Extraterritoriality Emerged as Default Solution3.3 Multilateral Efforts Continue to Fail3.4 The OECD Recommendations and the Switch to the Bilateral Level4 Intermediate Conclusion Part 1PART 2An Assessment of the EU’s Dedicated Competition Cooperation Agreements1 Benchmarks1.1 Introduction1.2 Measurable Benchmarks2 First Generation Agreements: A Costly Way to Create and Maintain Momentum2.1 Context of Conclusion of the EU-US Agreement2.2 Cooperation Mechanisms in the EU-US Agreement2.3 Legal Nature2.4 Use of the EU-US Agreements2.5 Assessment3 Second Generation Agreements: Ignoring Crucial Issues3.1 A Strong Call for Intensified Cooperation3.2 The EU-Switzerland Second Generation Agreement3.3 Limited Use of Existing Second Generation Agreements3.4 A Particular Challenge: The Concept of ‘Confidential Information’3.5 Concerns About the Exchange of Confidential Information and How They are Addressed by the EU-Switzerland Agreement3.6 Assessment Based on Benchmarks4 Alternatives and Complements: Workable or Not?4.1 Alternative Cooperation Mechanisms in the Field of Competition Law4.2 Cooperation in Other Policy Fields5 Intermediate Conclusion Part 2PART 3Dedicated Agreements versus Integration in a Broader Framework1 Substantive Integration: Competition in the Global Trade System—A Cautionary Tale1.1 Relevance and Scope1.2 Emergence of Competition Chapters in FTAS1.3 Competition Chapters in Bilateral EU FTAS: From Traditional FTASOver Post-Global Europe FTAS to Mega-FTAS1.4 The Rationale for Inclusion: Pro’s and Con’s2 Geographical Integration: The Multilateral Approach2.1 Different Multilateral Forums with Distinct Challenges3 Intermediate Conclusion Part 3Conclusion: Ready, but not Willing or AbleSelected BibliographyIndex