Are Competition Officials Abandoning Competition Principles?
In: Journal of European Competition Law & Practice (Forthcoming)
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In: Journal of European Competition Law & Practice (Forthcoming)
SSRN
In: Agenda: a journal of policy analysis & reform, Band 9, Heft 4
ISSN: 1447-4735
In: International Competition Law, S. 260-286
In: IIC - International Review of Intellectual Property and Competition Law, Band 2014, Heft 4
SSRN
In: IIC - International Review of Intellectual Property and Competition Law, Band 45, Heft 4, S. 434-454
ISSN: 2195-0237
In: History of Political Economy, forthcoming (accepted version)
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Working paper
In: History of political economy
ISSN: 1527-1919
Abstract
Contemporary critics of American antitrust law lament a supposed misinterpretation by modern, welfare-driven enforcers of the true meaning of the competition principle. This essay contributes to the debate by reconstructing the principle's historical origin. While it did not feature in the Sherman Act, the competition principle was introduced by the Supreme Court during the early years of antitrust law. The court formulated alternative versions of the principle; the one that eventually prevailed was neither populist nor neoclassical, as it was based on classical political economy and, in particular, on freedom of contract and "natural" values. This historical circumstance may pave the way for a new approach to antitrust law.
In: KIEP working paper 99-21
In: APEC analysis series 99-03
In: Global economic review, Band 28, Heft 3, S. 31-48
ISSN: 1744-3873
This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the European Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU Competition Policy and the concomitant danger of over- or double-enforcement against the norm addressees of the DMA.
BASE
This Insight on the legislative proposal for a Digital Markets Act (DMA), issued on 15 December 2020 by the European Commission, discusses the importance of clearly delineating the objectives under which enforcement of the said act will take place. This is necessitated because of the closeness, if not overlap with the domain of EU Competition Policy and the concomitant danger of over- or double-enforcement against the norm addressees of the DMA.
BASE
In: HUMAN RIGHTS AND INTERNATIONAL TRADE, p. 279, T. Cottier, J. Pauwelyn & E. Bürgi, eds., Oxford University Press, 2003
SSRN
In: Koreanische Zeitschrift fuer Wirtschaftswissenschaften, Band 40, Heft 1, S. 43-69
In: Hart studies in competition law volume 6
General introduction -- The decentralisation of EU competition law -- The economics of decentralisation -- Uncovering EU sanctioning principles -- The development of domestic sanctioning powers -- Economies and diseconomies in the division of sanctioning competencies -- General conclusions.
In: Springer texts in business and economics