Bringing Regulatory Processes Back In: The Reform of EU Antitrust and Merger Control

Kathryn Wright; Hussein Kassim

doi:10.1080/01402380902945391

Bringing Regulatory Processes Back In: The Reform of EU Antitrust and Merger Control

Kathryn Wright, Hussein Kassim

York Law School

Research output: Contribution to journal › Article › peer-review

Abstract

The dominant view in the literature depicts the modernisation of the antitrust rules and the reform of the Merger Regulation as a struggle for control between the European Commission and the member states, from which the Commission emerged triumphant. This article rejects this ‘power politics’ interpretation, arguing that its proponents misrepresent the reform process, overstate the power of the Commission, and overlook the wider ideational context that influences competition law and policy. Drawing on original research conducted by the authors, it argues that a regulatory processes perspective is more sensitive to the dynamics of decision-making and policy change in this key area. Re-interpreting the two reforms, it demonstrates that more was at play than a simple power struggle between the Commission and the member states, that the reforms were influenced by an international expert community, and that the outcome was shaped by classic techniques of regulatory conflict management.

Original language	English
Pages (from-to)	738-755
Number of pages	18
Journal	West European Politics
Volume	32
Issue number	4
DOIs	https://doi.org/10.1080/01402380902945391
Publication status	Published - Jul 2009

Access to Document

10.1080/01402380902945391

http://www.tandfonline.com/doi/abs/10.1080/01402380902945391

Cite this

@article{2b92f86e2af54473b824602cfd8a297a,

title = "Bringing Regulatory Processes Back In: The Reform of EU Antitrust and Merger Control",

abstract = "The dominant view in the literature depicts the modernisation of the antitrust rules and the reform of the Merger Regulation as a struggle for control between the European Commission and the member states, from which the Commission emerged triumphant. This article rejects this {\textquoteleft}power politics{\textquoteright} interpretation, arguing that its proponents misrepresent the reform process, overstate the power of the Commission, and overlook the wider ideational context that influences competition law and policy. Drawing on original research conducted by the authors, it argues that a regulatory processes perspective is more sensitive to the dynamics of decision-making and policy change in this key area. Re-interpreting the two reforms, it demonstrates that more was at play than a simple power struggle between the Commission and the member states, that the reforms were influenced by an international expert community, and that the outcome was shaped by classic techniques of regulatory conflict management.",

author = "Kathryn Wright and Hussein Kassim",

year = "2009",

month = jul,

doi = "10.1080/01402380902945391",

language = "English",

volume = "32",

pages = "738--755",

journal = "West European Politics",

issn = "0140-2382",

publisher = "Routledge",

number = "4",

}

TY - JOUR

T1 - Bringing Regulatory Processes Back In

T2 - The Reform of EU Antitrust and Merger Control

AU - Wright, Kathryn

AU - Kassim, Hussein

PY - 2009/7

Y1 - 2009/7

N2 - The dominant view in the literature depicts the modernisation of the antitrust rules and the reform of the Merger Regulation as a struggle for control between the European Commission and the member states, from which the Commission emerged triumphant. This article rejects this ‘power politics’ interpretation, arguing that its proponents misrepresent the reform process, overstate the power of the Commission, and overlook the wider ideational context that influences competition law and policy. Drawing on original research conducted by the authors, it argues that a regulatory processes perspective is more sensitive to the dynamics of decision-making and policy change in this key area. Re-interpreting the two reforms, it demonstrates that more was at play than a simple power struggle between the Commission and the member states, that the reforms were influenced by an international expert community, and that the outcome was shaped by classic techniques of regulatory conflict management.

AB - The dominant view in the literature depicts the modernisation of the antitrust rules and the reform of the Merger Regulation as a struggle for control between the European Commission and the member states, from which the Commission emerged triumphant. This article rejects this ‘power politics’ interpretation, arguing that its proponents misrepresent the reform process, overstate the power of the Commission, and overlook the wider ideational context that influences competition law and policy. Drawing on original research conducted by the authors, it argues that a regulatory processes perspective is more sensitive to the dynamics of decision-making and policy change in this key area. Re-interpreting the two reforms, it demonstrates that more was at play than a simple power struggle between the Commission and the member states, that the reforms were influenced by an international expert community, and that the outcome was shaped by classic techniques of regulatory conflict management.

UR - http://www.scopus.com/inward/record.url?scp=70449464771&partnerID=8YFLogxK

U2 - 10.1080/01402380902945391

DO - 10.1080/01402380902945391

M3 - Article

SN - 0140-2382

VL - 32

SP - 738

EP - 755

JO - West European Politics

JF - West European Politics

IS - 4

ER -

Bringing Regulatory Processes Back In: The Reform of EU Antitrust and Merger Control

Abstract

Access to Document

Other files and links

Cite this