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