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; postgraduate students in competition law and competition economics.
Contents: Preface PART I: NORMATIVE FOUNDATIONS OF COMPETITION LAW 1. On the Choice of Welfare Standards in Competition Law Louis Kaplow 2. What is Competition? Maurice E. Stucke 3. Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law - Comment on Stucke Andreas Fuchs 4. The Multiple Personality of EU Competition Law: Time for a Comprehensive Debate on its Objectives Laura Parret 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 Oles Andriychuk 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 Frank Maier-Rigaud 9. Efficiency, Political Freedom and the Freedom to Compete - Comment on Maier-Rigaud Heike Schweitzer 10. Economic Content of Competition Law: In Defense of a Reality-Based Approach to Competition Policy Adrian Kunzler 11. On the Difference of Methodology in Jurisprudence and Economics - Comment on Kunzler Iwakazu Takahashi 12. Do Words Matter? A Discussion on Words used to Designate Values Associated with Competition Law Paul Nihoul 13. On Words and on Shifting their Meaning - Comment on Nihoul Josef Bejcek 14. Antitrust Pluralism and Justice Abayomi Al-Ameen 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? Matteo Negrinotti 17. Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade - Comment on Negrinotti Lubos Tichy 18. Excessive Pricing and the Goals of Competition Law Thomas Ackermann 19. Excessive Pricing and the Goals of Competition Law: An Enforcement Perspective - Comment on Ackermann Jorg 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 Deborah Healey 22. Reflections on the Concepts of 'Economic Freedom', 'Free Competition' and 'Efficiency' from the Perspective of Developing Countries Mor Bakhoum 23. A Social Approach to the Goals of Competition Law in Developing Countries - Comment on Bakhoum Karounga Diawara 24. Competition Law Goals in Agricultural Markets: A Latin American Perspective Juan David Gutierrez Rodriguez 25. Agricultural Markets and Competition Policy in Latin America: Conflicts of Goals, Rules and Enforcement Policies - Comment on Gutierrez Rodriguez Carlos Pablo Marquez 26. The Basic Goal of Competition Law: To Protect the Opposite Side of the Market Daniel Zimmer Index
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