Table of Contents

The Goals of Competition Law

The Goals of Competition Law

ASCOLA Competition Law series

Edited by Daniel Zimmer

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.

Chapter 3: Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law – Comment on Stucke

Andreas Fuchs

Subjects: economics and finance, law and economics, law - academic, competition and antitrust law, law and economics


Andreas Fuchs* In his profound chapter Maurice Stucke raises three main questions: What is competition? What are the objectives of competition law? How can these goals be integrated into and promoted by the legal framework?† Each part of his chapter contains inspiring insights and interesting propositions. Unfortunately, having only a limited time, I have to restrict my remarks to some propositions or aspects which, in my view, ought to be in the centre of our discussion. 1 1 NO NEED FOR A COMPREHENSIVE DEFINITION OF COMPETITION First, do we really need a definition of competition? Is it not sufficient to have a general idea of how the complex phenomenon of competition works in real world markets? In my view, we should not even try to define competition comprehensively, but should be open to new insights, for the diversity of factual conditions and situations, different modes of action of the market participants. Stucke rightly points to the fact that neither economists nor policymakers have reached a generally accepted definition of competition yet. He seems to regret this, but finally he also comes to * Dr iur (Göttingen), Professor of Law, University of Osnabrück, and Judge at the Court of Appeals Celle, Germany. † This comment refers to the original (extended) version of the paper including remarks on the objectives of competition law and their implementation into legal rules. The longer article by Maurice Stucke, ‘Reconsidering Competition and the Goals of Competition Law’, University of Tennessee Legal Research Paper No 123, is...

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