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The Relative Merits of Courts and Agencies in Competition Law—Institutional Design: Administrative Models; Judicial Models; and Mixed Models

The aim of this short paper is to consider the relative merits of courts and administrative agencies in competition law administration and enforcement. The paper seeks to answer the question as to which model is better. It also seeks to answer the question of whether each has its merits, and whether one should work on the basis of having both models in any jurisdiction. It also touches briefly on whether the hybrid model works. Given that the topic is an enormous one spanning so many jurisdictions and such a wide canvas, the paper must be somewhat preliminary in nature, but it is designed to provoke some discussion and debate.