Series: ASCOLA Competition Law series
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‘. . . this book, with its economics-based approach and international orientation, will certainly interest academic lawyers, graduate students and indeed policy makers whose decisions may affect the economic welfare of whole regions. With detailed footnotes and index, the compilation is also especially useful as a gateway to further research.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors: T. Ackermann, A. Al-Ameen, O. Andriychuk, M. Bakhoum, J. Bejcek, A.D. Chirita, K. Diawara, E. Fish, A. Fuchs, M.S. Gal, D.J. Gerber, J.D. Gutiérrez Rodríguez, D. Healey, L. Kaplow, A. Künzler, F. Maier-Rigaud, C.P. Márquez, M. Negrinotti, P. Nihoul, L. Parret, H. Schweitzer, M.E. Stucke, J. Su, I. Takahashi, J.P. Terhechte, L. Tichý, X. Wang, D. Zimmer
Full table of contents
What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and, if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare.
The book brings together contributions on the relevance of different welfare standards, on the concept of ‘freedom to compete’ and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as market integration. Finally, the specific issue of competition law goals in emerging economies is addressed.
The Goals of Competition Law will have strong appeal to academics in competition law and competition economics; policy-makers, enforcers and other practitioners in the field of competition law; and postgraduate students in competition law and competition economics.
PART I: NORMATIVE FOUNDATIONS OF COMPETITION LAW
1. On the Choice of Welfare Standards in Competition Law
2. What is Competition?
Maurice E. Stucke
3. Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law – Comment on Stucke
4. The Multiple Personalities of EU Competition Law: Time for a Comprehensive Debate on its Objectives
5. The Goals of European Competition Law: Some Distortions in the Literature – Comment on Parret
David J. Gerber
6. Thinking Inside the Box: Why Competition as a Process is a Sui Generis Right – a Methodological Observation
7. Legal Interpretation and Practice versus Legal Theory: A Reconciliation of Competition Goals – Comment on Andriychuk
Anca Daniela Chirita
8. On the Normative Foundations of Competition Law – Efficiency, Political Freedom and the Freedom to Compete
9. Efficiency, Political Freedom and the Freedom to Compete – Comment on Maier-Rigaud
10. Economic Content of Competition Law: The Point of Regulating Preferences
11. On the Difference of Methodology in Jurisprudence and Economics – Comment on Künzler
12. Do Words Matter? A Discussion on Words used to Designate Values Associated with Competition Law
13. On Words and on Shifting their Meaning – Comment on Nihoul
14. Antitrust Pluralism and Justice
15. Antitrust Pluralism and Justice – Comment on Al-Ameen
Michal S. Gal and Eran Fish
PART II: SELECTED ISSUES RELATED TO THE GOALS OF COMPETITION LAW
16. The Single Market Imperative and Consumer Welfare: Irreconcilable Goals? Exploring the Tensions Amongst the Objectives of European Competition Law through the Lens of Parallel Trade in Pharmaceuticals
17. Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade – Comment on Negrinotti
18. Excessive Pricing and the Goals of Competition Law
19. Excessive Pricing and the Goals of Competition Law: An Enforcement Perspective – Comment on Ackermann
Jörg Philipp Terhechte
20. China’s Anti-Monopoly Law: Agent of Competition Enhancement or Engine of Industrial Policy?
Xiaoye Wang and Jessica Su
21. China’s Anti-Monopoly Law: Agent of Competition Enhancement or Engine of Industrial Policy? – Comment on Wang and Su
22. Reflections on the Concepts of ‘Economic Freedom’, ‘Free Competition’ and ‘Efficiency’ from the Perspective of Developing Countries
23. A Social Approach to the Goals of Competition Law in Developing Countries – Comment on Bakhoum
24. Competition Law Goals in Agricultural Markets: A Latin American Perspective
Juan David Gutiérrez Rodríguez
25. Agricultural Markets and Competition Policy in Latin America: Conflicts of Goals, Rules and Enforcement Policies – Comment on Gutiérrez Rodríguez
Carlos Pablo Márquez
26. The Basic Goal of Competition Law: To Protect the Opposite Side of the Market