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New article by Dr. Chase Foster in Socio-Economic Review

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In a recent publication, Varieties of neoliberalism: courts, competition paradigms and the Atlantic divide in antitrust, Dr. Chase Foster uses comparative case studies of antitrust policy in Europe and the United States to explore the role of courts in developing the policy paradigms used by economic regulators. Analyzing enforcement patterns across multiple levels of government, Foster first highlights important differences in policy and enforcement on each side of the north Atlantic. Through case studies that examine developments since the 1960's, Foster then shows that many contemporary differences in policy and enforcement stem from the distinct competition paradigms that have been institutionalized into the law through judicial review. In the USA, a laissez-faire jurisprudential regime has blocked or discouraged anti-monopoly enforcement. In Europe, an ordoliberal jurisprudential regime has facilitated a more intensive enforcement program. Foster concludes by examining how courts can limit institutional change even when policymakers support reform. Although competition policy is evolving on both sides of the Atlantic, the 'sticky' nature of jurisprudence will likely limit policy convergence.