Competition Advocacy Postings
The International Network of Civil Society Organisations on Competition (INCSOC) for which CUTS International is the Secretariat, is running a Campaign on celebrating December 5, 2011, as a ‘World Competition Day (WCD)’. The suggested theme for this year is “Cartels and its harmful effects on the Consumers.” For more information, see here:
European Commission DG Competition Stakeholder Survey 2010 DG Competition has carried out for the first time a comprehensive stakeholder survey about its activities. The survey was in two parts: an in-depth qualitative survey targeting professional stakeholders and a broad and general survey of EU citizens. Both surveys were carried out by independent market research companies. http://ec.europa.eu/competition/publications/reports/surveys_en.html
Article: James C. Cooper & William E. Kovacic, U.S. Convergence with International Competition Norms: Antitrust Law and Public Restraints on Competition, Boston University Law Review, vol 90:1555, 2010. This article examines the traditional role of competition advocacy in the United States: 1) to advocate for regulations that do not restrict competition unless there is a compelling consumer protection rationale for imposing such costs on citizens, (ii) to persuade a decision-maker to oppose regulation by presenting a compelling case that it restricts competition more than is necessary to promote some consumer protection goal, and therefore is not in the public interest, and (iii) to provide reasoned explanations that will help the decision maker justify the decision to the public. The article concludes that the U.S. should align itself with global counterparts in dealing effectively with government measures that restrict competition by expanding the role of competition advocacy in the U.S.
Article: James C. Cooper, Paul A. Pautles & Todd J. Zywicki, Theory and Practice of Competition Advocacy at the FTC, Antitrust Law Journal, vol. 72, 2005. The authors consider that advocacy is a unique and cost-effective tool for carrying out the FTC’s mission of protecting competition and consumer welfare. They define competition advocacy as the use of FTC expertise in competition, economics, and consumer protection to persuade governmental actors at all levels of the political system and in all branches of government to design policies that further competition and consumer choice. The article provides an overview of the advocacy program that the FTC has conducted since 1974, analyzing filings from 1974-2004. The article concludes that advocacy can be the most efficient means to pursue the FTC’s mission, particularly when antitrust immunities are likely to render the FTC impotent to wage ex post challenges to anticompetitive conduct.