Annetje Ottow, Market and Competition Authorities: Good Agency Principles

DOI10.3366/elr.2016.0337
Date01 January 2016
Pages120-121
Published date01 January 2016

Much writing in recent years has focused on the institutional framework within which competition law is enforced. In many ways, the clarion call for this was the publication of Daniel A Crane's influential book The Institutional Structure of Antitrust Enforcement in 2011. This new emphasis is surely welcome, since the open-ended antitrust statutes, although not unique in their terseness, tend to involve an enhanced role for interpretation when compared with many other areas of law. There is also much to recommend, from an economic perspective, consideration of the insights from new institutional economics in designing agency structures themselves, as a natural extension of the economic approaches already deployed in substantive antitrust analysis. At the risk of internecine disloyalty, it might be said that lawyers as a group seemed to take rather longer to consider the institutional question in the same comparative detail displayed considerably earlier by their economist counterparts (see, e.g., Douglass C North “Institutions” (1991) 5 J Econ Perspectives 97).

Recent years have happily seen much greater lawyerly interest in the institutional question, and Annetje Ottow's book makes a very welcome contribution to this burgeoning literature. The book provides a detailed and thoughtful analysis of the principles by which competition authorities are designed, and the contribution that this institutional framework makes to optimal decision making. The author has extensive experience gained in national competition and regulatory authorities and is therefore very well placed to assess the ingredients required to make for successful regulatory structures, and to communicate this in a way that is accessible and relevant to a range of audiences, including, importantly, those making decisions on institutional design.

The book builds an elegant argument drawing on a general analysis of abstract institutional principles, before moving on to considering specific application using case studies, and finally drawing succinct and practical recommendations. This structure works well and makes for arguments that are highly accessible: no small virtue, considering that a substantial section of the target audience might include regulators who initially have limited competition-specific experience.

The first section of the book introduces the reader to the important trade-offs and tensions inherent in much regulatory design, highlighting in particular the trade-off between...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT