Antitrust Goals, Procedures, and Policies in the U.S. and the EU

Published date01 June 2017
Date01 June 2017
Antitrust Goals, Procedures,
and Policies in the U.S. and
the EU
Daniel J. Gifford* and Robert T. Kudrle**
The U.S. and the EU have somewhat similar antitrust policies, and both have been globally influential.
This article, however, argues that the differences between the two systems of antitrust are deep and
fundamental and that convergence is therefore sharply constrained. We explore those contentions by
examining differing goals, differing procedures, and differing policies.
efficiency, consumer welfare, total welfare, dominance
Competition policies of some kind have now been adopted by more 115 countries. This is a remarkable
and very recent development. Prior to World War II, only the United States and Canada had compe-
tition laws. Competition laws were given a major boost when the then European Economic Commu-
nity included competition provisions in its founding document, the Treaty of Rome, in 1957.
In the
years since, the U.S. and the EU have both been influential in the diffusion of these policies and the
promise of well-functioning market economies with which they are associated. Yet these huge
economic blocks have antitrust policies that differ substantially from each other in goals, in
procedures, and in policies. This essay outlines some of those differences, and the essays that
follow in this symposium in The Antitrust Bulletin illustrate several major differences, as well as
similarities, in great detail.
Different Goals
Antitrust laws—like all laws in a democratic society—should further the society’s welfare. The
ongoing debate about the purposes of American antitrust laws—whether they should seek to foster
*University of Minnesota Law School, Minneapolis, MN, USA
**Humphrey School of Public Affairs and the Law School, University of Minnesota, Minneapolis, MN, USA
Corresponding Author:
DanielJ. Gifford, Universityof Minnesota LawSchool, Walter F. MondaleHall, 229 19th AvenueSouth, Minneapolis,MN 55455, USA.
1. Treaty of Rome Establishing the European Economic Community, Mar. 25, 1957, 298 U.N.T.S. 11.
The Antitrust Bulletin
2017, Vol. 62(2) 239-253
ªThe Author(s) 2017
Reprints and permission:
DOI: 10.1177/0003603X17708360

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