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An Antitrust Law Index For Empirical Analysis Of International Competition Policy

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  • Michael W. Nicholson

Abstract

This paper introduces means of quantifying the global proliferation in antitrust laws, particularly through measures to assess the presence of such laws across a large set of countries. The Antitrust Law Index maps the presence of “laws on the book” into a numerical measure of competition regimes by assigning binomial scores for the presence of particular laws in a jurisdiction, and then summing the individual components to yield a total score. The key result is that strong laws do not necessarily represent effective antitrust policy. There appears to be a nonlinear relationship between adaptation of antitrust laws and the size of national economies. The results suggest that the impetus for adopting antitrust laws appears to be related to the guidelines of “model” laws and highlights the gap between de jure legislation and de facto implementation.

Suggested Citation

  • Michael W. Nicholson, 2008. "An Antitrust Law Index For Empirical Analysis Of International Competition Policy," Journal of Competition Law and Economics, Oxford University Press, vol. 4(4), pages 1009-1029.
  • Handle: RePEc:oup:jcomle:v:4:y:2008:i:4:p:1009-1029.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhn009
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    Citations

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    Cited by:

    1. Klaus S. Friesenbichler, 2014. "EU Accession, Domestic Market Competition and Total Factor Productivity. Firm Level Evidence," WIFO Working Papers 492, WIFO.
    2. Joan-Ramon Borrell & Juan Luis Jiménez & Carmen García, 2014. "Evaluating Antitrust Leniency Programs," Journal of Competition Law and Economics, Oxford University Press, vol. 10(1), pages 107-136.
    3. Klaus S. Friesenbichler & Michael Böheim & Daphne Channa Laster, 2014. "Market Competition in Transition Economies: A Literature Review," WIFO Working Papers 477, WIFO.
    4. Bogumiła Mucha-Leszko & Magdalena Kąkol, 2009. "Wzrost znaczenia i formy międzynarodowej polityki konkurencji," Gospodarka Narodowa. The Polish Journal of Economics, Warsaw School of Economics, issue 5-6, pages 21-38.
    5. Timothy Besley & Nicola Fontana & Nicola Limodio, 2021. "Antitrust Policies and Profitability in Nontradable Sectors," American Economic Review: Insights, American Economic Association, vol. 3(2), pages 251-265, June.
    6. Hüschelrath, Kai, 2009. "Methodologische Grundlagen einer Evaluation von Wettbewerbspolitik," ZEW Discussion Papers 09-084, ZEW - Leibniz Centre for European Economic Research.
    7. Anu Bradford & Adam S. Chilton & Christopher Megaw & Nathaniel Sokol, 2019. "Competition Law Gone Global: Introducing the Comparative Competition Law and Enforcement Datasets," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(2), pages 411-443, June.
    8. Konstantin A. Kholodilin & Linus Pfeiffer, 2021. "Measuring Unmeasurable: How to Map Laws to Numbers Using Leximetrics," Discussion Papers of DIW Berlin 1933, DIW Berlin, German Institute for Economic Research.
    9. Tay-Cheng Ma, 2012. "Legal tradition and antitrust effectiveness," Empirical Economics, Springer, vol. 43(3), pages 1263-1297, December.
    10. Robert Feinberg & Mieke Meurs & Kara Reynolds, 2012. "Maintaining New Markets: Explaining Antitrust Enforcement in Central and Eastern Europe," Journal of Industry, Competition and Trade, Springer, vol. 12(2), pages 203-219, June.
    11. Niels Petersen, 2013. "Antitrust Law And The Promotion Of Democracy And Economic Growth," Journal of Competition Law and Economics, Oxford University Press, vol. 9(3), pages 593-636.

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