While U.S. courts and regulatory agencies have set sail towards what may be dubbed a "more behavioral approach," their European counterparts still navigate the charted waters of a neoclassical "more economic approach," as first advocated in E.U. competition law. This paper claims that this "behavioral divide" can be explained by a theory of social norms and expectations.
More Behavioral vs. More Economic Approach: Explaining the Behavioral Divide between the United States and the European Union,
39 Hastings Int'l & Comp. L. Rev. 355
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol39/iss2/2