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This paper explores the qualitative (deontological) approaches to the phenomenon of economic competition, synthesizing the Ordoliberal and the Austrian perceptions of antitrust economics, policy and law. It critically addresses the main normative motto of the contemporary antitrust, embedded in...
Persistent link: https://www.econbiz.de/10013043196
The times when competition policy was perceived as an axiomatic, mathematised, highly technical and pretty much non-controversial area of Law & Economics have gone. Over the last decade, competition has become a great theme again. Full of ideological appeals and statements, mindful of their...
Persistent link: https://www.econbiz.de/10013322635
This paper is an attempt to evaluate the conceptual relationship between two central elements of the theory of antitrust: competition and consumer welfare. These two notions are analysed in their mutual dependency. The main purpose of this paper is to show that both competition and consumer...
Persistent link: https://www.econbiz.de/10014193557
The main idea behind this article was to perform a theoretical analysis of the purposes and tools of antitrust policy and law. An ancient dialectical method has been applied to separate different components of competition policy with the following deconstruction of the conflicting essence of...
Persistent link: https://www.econbiz.de/10014195967
This article explores the role of sustainability in EU competition law from the perspective of the theory of legal realism. It addresses the issue by analysing three interrelated themes. It first outlines the main normative and methodological arguments of the protagonists and the opponents of a...
Persistent link: https://www.econbiz.de/10013299495
On 22 November 2021 the European Parliament Committee on the Internal Market and Consumer Protection (IMCO) has voted (almost unanimously) on the long-awaited DMA proposal (Rapporteur: MEP Andreas Schwab). The DMA-IMCO version introduces a number of new elements. Some are rather cosmetic and...
Persistent link: https://www.econbiz.de/10013307789
The Digital Markets, Competition and Consumers Bill (DMCCb) is currently being scrutinised by both Houses of UK Parliament. The regulatory philosophy underpinning the proposal is very similar to EU Digital Markets Act. The legal mechanic of the DMCCb yet is very different. In the future, both...
Persistent link: https://www.econbiz.de/10014346440
This paper considers the market process as the essence and intrinsic core of liberal democracy. It disentangles market means from welfare ends and recognises the importance, constitutional status and independent stand of the former. Freedom is placed in the same categories as rights. Each...
Persistent link: https://www.econbiz.de/10014187909