International Antitrust Cooperation and the Preference for Nonbinding Regimes
This chapter focuses on the relative merits of binding and nonbinding international antitrust cooperation. It argues that the primary impediment to international antitrust cooperation is the disagreement over the substance and institutional form of such cooperation. This disagreement has led states to water down the proposed binding international antitrust agreement to the point of severely limiting, if not eliminating, any net benefits. In the end, states have chosen not to spend resources and political capital in negotiating a binding international agreement that fails to generate substantial benefits, preferring to resolve their differences informally on a case-by-case basis.
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