It has been suggested recently by several scholars that the ideas of Friedrich von Hayek should play a prominent role in shaping the future of European private law. This paper examines what we can learn from Hayek for the further development of European contract law. Hayek rightly underlines...

The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...

This article analyzes the meaning and role of formalism in competition law. Drawing on general legal theory and philosophy, this article conceives of formalism as decision-making constrained by rules, whereby rules exclude considerations from the decision-making process. It analyzes the degree...

Review essay on Rutherford, M. (2011), <em>The Institutionalist Movement in American Economics, 1918-1947: Science and Social Control</em>, Cambridge University Press, Cambridge, UK.I use the review to highlight the importance of psychology in the development of the institutionalist conception of science...

This paper explores the impact of ordoliberal thinking on the drafting of the prohibition of “abuse” of a dominant position in the market that was included in the competition rules of the Rome Treaty establishing the European Economic Community as well as on its interpretation by the...

The aim of the paper is twofold. First, we try to fill a theoretical gap inevolutionary economics by developing some key elements of an evolutionary theory of social stratification that explicitly link the generation of technological and institutional novelty to the structural evolution of...

Undertakings may restrict competition by cooperating with their competitors or by interfering with their ability to compete. In both cases, their ultimate goal is to raise the price they charge for their products or services. Therefore, the main concern about both collusive and exclusionary...

This article investigates the reasons, the transformative processes, and the social mechanisms involved in the establishment of the European Economic and Monetary Union (EMU). Contrary to commonly accepted theories used to explain institutional change, it argues that the establishment of the EMU...