Competition law in flux: established and emerging approaches to methodology

Abstract

The dynamic environment of competition law has reverberated globally of late in unprece-dented fashion. While the competition law environment has traditionally been one of change for reasons as diverse as differing legal systems, political economies and economic views, spectacular growth in the number of jurisdictions adopting competition laws, particularly since the new millennium, has emphasized just how many views there are on what constitutes an effective competition law, the methodology for its application and enforcement, and what other policies might support it. Coupled with the growth of the digital environment, which has thrown new challenges to the assessment of anticompetitive conduct, the competition law world is in a substantial state of re-examination and potential refinement. The extent to which major change is necessary is under consideration in many jurisdictions.