000 02320naa a2200265uu 4500
001 11076
003 OSt
005 20190211155305.0
008 030212s2002 xx ||||gr |0|| 0 eng d
100 1 _aWAARDEN, Frans van
_911108
245 1 0 _aCourts and (epistemic) communities in the convergence of competition policies
260 _cDecember 2002
520 3 _aHow much did national competition policies converge between 1950 and 2000, and what were the forces behind this? These are the questions the paper attempts to answer, for three countries whose competition policies differed substantially at the outset: Germany, Austria and the Netherlands. The paper measures the degree of convergence of national competition policies, and concludes that there has been convergence towards the stricter EU anti-trust norms. This can be explained by neither negative (`the market') nor positive (`the state') integration, as competition policy is one of the few policy areas where the EU has never explicitly tried to harmonize national legislation. Other forces must have been at work. We investigate the role of various actors, which each play a role in three theories of European integration: institutionalism, which stresses the importance of the central European institutions; neo-functionalism, which focuses on international business; and the epistemic comunity approach, which highlights the importance of transnational expert communities. We find that convergence has been mainly the work of subtle `top-down' pressure from the CEC and the ECJ (`the courts'), combined with the emergence of an epistemic `community' of legally trained officials, which has been a channel for the exchange of information, ideas, solutions and arguments between the systems and levels of law. EU case law provided an important model, experiment and source of norms for this community
650 4 _aJurisprudência
_912270
650 4 _aPolítica de Concorrência
_919963
650 4 _aConvergência
_919964
650 4 _aComunidades Epistêmicas
_919965
650 4 _aInstitucionalismo
_916255
650 4 _aHarmonização suave
_919966
700 1 _aDRAHOS, Michaela
_919967
773 0 8 _tJournal of European Public Policy
_g9, 6, p. 913-934
_d, December 2002
_w
942 _cS
998 _a20030212
_bLucima
_cLucimara
998 _a20130625
_b1124^b
_ckarina
999 _aConvertido do Formato PHL
_bPHL2MARC21 1.1
_c11200
_d11200
041 _aeng