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The Normative Foundations of European Competition Law
Assessing the Goals of Antitrust through the Lens of Legal Philosophy
Synopsis
Does the competitive process constitute an autonomous societal value, or is it a means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation? This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why the competitive process is a value independent from other legitimate antitrust goals.
Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition by assessing their effective use within the matrix of EU competition policy. He outlines the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, and then goes on to investigate its relationship with the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed.
Timely and thought provoking, this book will be of interest to both students and scholars of European competition law, as well as those who are curious about its philosophical foundations. Offering deep insights into the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.
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What Reviewers Are Saying
'This book should be compulsory reading for antitrust policy makers and many others. If it has not already attained the status as an exceptional work then it surely will. It ought be recognised as making a significant and lasting contribution to our understanding of the policy underpinnings of antitrust and its place in democratic governance.'' -- Ray Steinwall, Competition and Consumer Law Journal 'This book is not like other books on competition law. It ploughs its own furrow in the ''field'' of competition law and policy, sowing seeds of legal and political theory and philosophy. The resulting furrow makes the reader think (or, perhaps, re-think) about the proper role of economics within competition law and how and why the competitive process should be protected.' -- David Bailey, Common Market Law Review 'This is a bold and insightful book. It analyses old debates but from new angles and with new insights. Some believe that the issues have been resolved, but the author shows that dealing effectively with fundamental questions as they relate to changing circumstances remains a key element in shaping the future of competition law.' -- David J. Gerber, Illinois Institute of Technology, US