Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
Department: School of Law
Colleges / Universities: New York University
Contact
40 Washington Square South, 306
New York, NY 10012
Email: eleanor.fox@nyu.edu
Website: NYU faculty profile
Eleanor Fox is a prominent antitrust and comparative competition law scholar. Her recent work includes articles on markets, globalization, developing countries and antitrust; the intersection of trade and competition; and the disjuncture between national law and global markets, and the role of networks in harmonization, convergence and bridging differences. Professor Fox critiques the transplant to developing countries of Western antitrust law, especially antitrust law that embeds the premises of the Washington consensus; and argues for law adapted to efficient inclusive development.
Professor Fox served as a member of the International Competition Policy Advisory Committee to the Attorney General and Assistant Attorney General for Antitrust under President Clinton. She served as a member of the National Commission for the Review of Antitrust Laws and Procedures under President Carter.
Professor Fox is a member of the Board of Directors of the Lawyers' Committee for Civil Rights Under Law and is a Vice President of the American Foreign Law Association. She has served as Chair of the New York State Bar Association's Section on Antitrust Law, Chair of the Section of Antitrust and Economic Regulation of the Association of American Law Schools, Vice President of the Association of the Bar of the City of New York, Vice Chair of the ABA Antitrust Section, and Trustee of New York University Law Center Foundation. She is a frequent visitor and lecturer at the Competition Directorate of the European Commission, and has been an advisor on competition policy in numerous countries including South Africa, Egypt, Tanzania, Indonesia, nations of central and eastern Europe, and the Common Market of Southern and Eastern Africa.
Degrees
LL.B. New York University School of Law
B.A. Vassar College
Recent Academic Article Summaries
Platforms, Power and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.–Europe Divide
Tech platforms like Facebook and Google dominate the new economy. European Union (EU) authorities are more aggressive than those in the United States in using competition law against tech platforms.
Antitrust enforcers in the United States should stop more abuses of power by tech platforms.
Antitrust Without Borders: From Roots to Codes to Networks
Antitrust law is now ubiquitous, but problems remain, and horizontal solutions between nations are not all encompassing.
Antitrust law worldwide has grown tremendously from a half century ago, but there is room for improvement. Remedies now come mostly from cooperation between nations and the notion that what can be done at the lower level should be done at that level, but some problems still call for overarching, higher law solutions.
The Efficiency Paradox
This article analyzes antitrust law’s current focus on efficiency as opposed to its previous focus on competition.
In order to maximize market efficiency, it is necessary for antitrust law to find the appropriate balance between interfering in the market and preventing harmful conduct. At present, antitrust law focuses on efficiency principles for striking this balance, but this may be inadequate going forward, requiring action by policy makers.
An Anti-Monopoly Law for China—Scaling the Walls of Protectionist Government Restraints
The author analyzes China’s anti-monopoly law and suggests interpretations that will increase its effectiveness.
China’s anti-monopoly law targets administrative abuses but it isn’t enforced very stringently. The law provides less protection than the U.S. and European Union’s laws but its adoption is encouraging for freeing the economy.
Economic Development, Poverty, and Antitrust: The Other Path
This article discusses the costs and benefits of structuring antitrust law differently in developing countries.
Developing countries can benefit from creating country specific antitrust laws. Developed nations can assist by providing guidance and experience in antitrust regulation.
Quotes in the News
Fox, E. (2021, June 11). The New York Times.“This is a reaction to the fact that our antitrust laws have been construed so narrowly by the Supreme Court. Because of this problem, it is very appropriate for Congress to be stepping in to prohibit and determine what’s bad and what’s good for markets.”
Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
School of Law
New York University
Fox, E. (2020, November 23). Forbes."The DOJ has pulled together a narrow suit that they may have a chance of winning. But it’s not going to satisfy the people who say break up big tech.”
Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
School of Law
New York University
Fox, E. (2020, October 12). The Washington Post.“U. S. antitrust law gives a huge amount of freedom to firms to decide what competitive strategies they want.”
Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
School of Law
New York University
Fox, E. (2020, August 21). The Washington Post.“Unlike cases brought by government agencies, which presumably seek to address consumer harm, judges sometimes view private plaintiffs as whining about their inability to compete.”
Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
School of Law
New York University
Fox, E. (2020, February 10). Reuters.“If this merger is not anticompetitive, even with the remedies agreed to, it is hard to know what is.”
Eleanor Fox
Walter J. Derenberg Professor of Trade Regulation
School of Law
New York University
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