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Article Volume 7 Issue 4 652 - 657 July 20, 2024

Looking to “Bricks and Mortar” Establishments and Agency Networks in the Lack of International Antitrust Law

Lead author · Corresponding
Gautham A.B.
Practicing Advocate at Nedumangad Court, Kerala, India
Co-author
Reshma Ranjith
Practicing Advocate at Kollam Court, Kerala, India
Co-author
Rooben Jacob Stanley
Practicing Advocate at Kayamkulam Court, Kerala, India
Co-author
Seenath P.S.
LL.M. student at CSI College For Legal Studies, Kottayam, India
Download PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118037
Abstract

In certain areas of international trade law, it may not be possible for a traditional global body to directly enforce shared worldwide standards and procedures (possibly due to a lack of sufficient political backing). The ICN experiment shows how a voluntary international network of agencies (with the help of invited experts) can work together on a trust-based basis through "soft law" actions in order to agree on useful outcomes that, in reality, lessen conflicts amongst regimes that are not (and, occasionally, should not be) harmonised. For many other areas of international trade law, standardising standards and procedures may be too much to ask for, but there are other elements of the ICN model that could serve as an inspiration. In these cases, it is argued, it is worthwhile to think about how to cultivate an epistemic community that includes not only agencies/enforcers but also carefully chosen experts from professional practice and academia. Compiling and disseminating pertinent research and reports ought to be a feasible initial step. The decades-long antitrust experience demonstrates the feasibility of establishing a mutually learning culture and a welcoming platform for discussion, both of which foster innovation.

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Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 652 - 657
DOI: https://doij.org/10.10000/IJLMH.118037
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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