Global Governance of Antitrust and the need for a BRICS Joint Research Platform in Competition Law and Policy
The chapter offers a critical analysis of the call for policy convergence in Competition Law. This merely emanates from the global business community and enables established Competition Law regimes, such as those of the United States and Europe, to influence the convergence point and take ownership of the process. This does not take into account the different patterns of diffusion of Competition Law and consequently the variety of Competition Law systems globally. The chapter castigates the lack of participation in this global deliberative space of emergent and developing economies and the inability of various affected interests, beyond global businesses and to a limited extent consumers, to be considered. Taking a participation-centered approach, the chapter argues that global antitrust governance should not aim to policy convergence as such, but to increasing levels of ‘total trust’. Establishing a BRICS Joint Research Platform in Competition Law could a first step in this process.