This study addresses one of the hottest policy questions on both sides of the Atlantic--at what level of government should regulation be undertaken?. The editors bring together leading scholars to examine the various aspects of the debate between "harmonization" and "regulatory competition" across three comparative dimensions. The book provides a sharp focus on the circumstances that would yield gains from regulatory competition and to contrast those cases where heightened cooperation in standard setting or broader regulatory harmonization might increase social welfare.

• I. Introduction to Regulatory Competition Theory


• 1: Richard Revesz: Federalism and Regulation: Some Generalizations


• 2: Daniel C.Esty and Damien Geradin: Regulatory Co-Opetition


• II. Regulatory Competition Theory in the US System


• 3: Daniel Shaviro: Some Observations Concerning Multi-jurisdictional Tax Competition


• 4: Lucian Arye Bebchuk and Allen Ferrell: Federalism and Takeover Law: The Race to Protect Managers From Takeovers


• 5: Jonathan R. Macey: Regulatory Competition in the US Federal System: Banking and Financial Services


• 6: Mark Barenberg: Labor Federalism in the United States: Lessons for Coordinated Decentralization in Supranational Regimes


• 7: Kirsten Engel and Susan Rose-Ackerman: Environmental Federalism in the United States: The Risks of Devolution


• III. Regulatory Competition Theory in the EU Context


• 8: William Bratton and Joseph McCahery: Fiscal Federalism, Jurisdictional Competition and Tax Coordination: Translating Theory to Policy in the European Union


• 9: Simon Deakin: Regulatory Competition versus Harmonization in European Company Law


• 10: Gérard Hertig: Regulatory Competition in the EU System: Banking and Financial Services


• 11: Brian Bercusson: Regulatory Competition in the EU System: Labor


• 12: Michael Faure: Regulatory Competition vs. Harmonization in EU Environmental Law


• IV. Regulatory Competition at the Global Scale


• 13: Joel P. Trachtman: Regulatory Competition and Regulatory Jurisdiction in International Securities Regulation


• 14: David Charny: Regulatory Competition and the Global Coordination of Labor Standards


• 15: David Vogel: Environmental Regulation and Economic Integration


• 16: Eleanor M. Fox: Antitrust Law on a Global Scale: Races Up, Down, and Sideways


• 17: Inge Govaere and Paul Demaret: The TRIPS Agreement: A Response to Global Regulatory Competition or an Exercise in Global Regulatory Coercion?

Daniel C. Esty is Associate Dean of the Yale School of Forestry and Environmental Studies and Clinical professor of Law at Yale Law School
Damien Geradin is Associate Professor of Law at the University of Liege and Professor of Law at the College of Europe, Bruges