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See version in english “Are we where we thought we were? Convergence in uncertainty”


“Are we where we thought we were ? Convergence in uncertainty”

Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other nationalist movements have altered the political and economic contexts of competition law and challenged that assumption. We may not, it seems, be where we thought we were.

Convergence has been driven by 1) continuing political stability and transnational engagement in Europe and the US, 2) the capacity and willingness of the US and Europe to lead competition law developments elsewhere and 3) the willingness of others to accept their leadership in competition law. Each of these supports looks more fragile than it did only a few years ago. The result is increased uncertainty about where competition law is and where it might go. The uncertainty poses some questions : Will convergence just change shape and trajectory ? If so, how ? And what happens if the role of convergence in competition law thinking diminishes ? Convergence as framework The image of convergence provides a framework for thinking about the past, present and future of competition law. In

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  • Chicago-Kent College of Law


David Gerber, “Are we where we thought we were? Convergence in uncertainty”, September 2017, Concurrences Review N° 3-2017, Art. N° 84388,

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