Scaling experimentalism : from convergence to informed divergence in transnational competition policy

Abstract

The chapter examines three processes that disclose a turn towards experimentalist governance in transnational competition policy. The first results from the growing formalization of the interactions between the US and the EU, which has enabled their authorities to learn from each other’s practices, but also to document and revise such learning.. A second process stems from attempts to make the International Competition Network more useful for newer agencies from the developing world, resulting in the identification of informed divergence as an important objective. Not only does this explicitly recognize members’ freedom to contextualize ICN recommended practices, but it has led to efforts to monitor and review national implementation. Finally, there is evidence that the EU’s promotion of competition policy does not focus on transplanting the EU model to other jurisdictions, but seeks both to co-design the rules and institutions with recipient states and to jointly monitor their performance.