Models of Legal Control: North America and Europe<sup>1</sup>

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Second edition

Published in print December 2010 | ISBN: 9780199551484
Published online May 2011 | e-ISBN: 9780191594977 | DOI:

Series: Oxford Studies in European Law

Models of Legal Control: North America and Europe1

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This chapter explains and analyses the essential historical and legal context of the subject. The chapter is constructed around a comparison of the two main historical models of regulation: that of the United States, based on the Sherman Act of 1890; and that of the European Community/Union, which has developed since the 1960s and provided the main alternative regulatory approach to that of the US. The subject is partly a historical narrative of the two main systems, but primarily a comparative analysis, drawing out the salient features of the two main models, and contrasting the more uncompromising and juridical approach under the American system, with the more pragmatic and administrative style of regulation historically preferred in Europe. Part of the purpose is to understand different levels of tolerance of cartel activity, resulting in what is described as a more ‘conduct-oriented’ approach in the US, compared with a more ‘outcome-oriented’ approach in Europe.

Keywords: Europe; United States; tolerance; juridical approach; administrative regulation

Chapter.  10289 words.  Illustrated.

Subjects: EU Law

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