Chapter 7: Legal Interpretation and Practice versus Legal Theory: A Reconciliation of Competition Goals – Comment on Andriychuk
Anca Daniela Chiriţă* INTRODUCTION 1 Based on the insights into the application of the theory of law to competition, the aim of this chapter is a possible reconciliation of goals in terms of their comparative understanding in competition law and economics and of recent policy statements. In theory, utilitarian and deontological aspects of competition are completed by competition ethics, which includes deontological ethics in terms of intentions or goodwill and the values of virtue, justice, and welfare.1 In practice, welfare economics and the deontological process-oriented approach are intrinsically opposed to each other, namely, the utilitarian vision, if it were reduced to a welfare maximisation calculus, to well-being, fairness or equity among market participants. Andriychuk questions whether competition is a ‘public’ valued good or a ‘means’ to increase such utilitarian economic values as consumer welfare. Thus, his deontological vision of competition also includes one such particular value. He does not question why consumer welfare, innovation or industrial growth are ‘external’ values and therefore not intrinsic to the competitive process itself, or if they would fall under the same premise of welfare enhancing. Nor does he * Dr. iur. (Saarland), Lecturer in Law, Durham Law School, UK. This comment refers exclusively to the paper presented by Oles Andriychuk in Bonn on 28 May 2010 and not to the chapter that appears in this volume. 1 For the neo-liberal thinking of the Freiburg School on competition ethics, see M Wohlgemuth, ‘A European Social Model of State-Market Relations: The Ethics of Competition from a “Neo-liberal...
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