Skip to main content

Capturing the Transplant: U.S. Antitrust Law in the European Union

Posted by on Monday, November 30, 2015 in Articles, Blog, Vol. 48 No. 5, Volume 48.

Silvia Beltrametti’s article analyzes the transplant of U.S. antitrust law into the regulatory regime created by the birth of the European Union. The article provides a framework to better understand how laws evolve within new regulatory entities.

Antitrust enforcement has recently experienced a resurgence, with high profile cases involving tech corporations like Google and Microsoft being brought in both the United States and in Europe. The outcomes however differ: the same corporate behavior that may be approved in United States will frequently be struck down in Europe. This incongruity in antitrust enforcement can be a stumbling block for U.S. corporations that operate internationally, and is to a certain extent ironic, as European antitrust law was originally modeled on U.S. law.

The divergence can be explained in part by the fact that the European Union was in the process of being formed at the time US antitrust law was transplanted, and the lack of an established institutional scheme as to its implementation opened the door to ouside stakeholders, that were successful at influencing and shaping the direction the new law would take. Beltrametti’s article demonstrates the difficulty in predicting what direction a legal transplant will take once integrated into a new regime, and provides a framework for analyzing likely outcomes.

Silvia Beltrametti is a J.S.D. Candidate at the University of Chicago Law School.

Leave a Response

ExpressO Top 10 Law Review


The Journal is pleased to announce its 2018-2019 Board of Editors. Complete-Masthead-2018-2019

Vanderbilt University Law School Professor Michael A. Newton’s 2016 VJTL Article entitled How the International Criminal Court Threatens Treaty Norms  was cited by the International Criminal Court prosecutor’s November 2017 filing seeking investigation into war crimes in Afghanistan.

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.