Chapter 8: On the Normative Foundations of Competition Law – Efficiency, Political Freedom and the Freedom to Compete
Frank Maier-Rigaud* In every society conflicts of interest among members of that society must be solved. The process by which that resolution (not elimination!) occurs is known as competition. Since, by definition, there is no way to eliminate competition, the relevant question is what kind of competition shall be used in the resolution of conflicts of interest.† 38 1 INTRODUCTION The advent of a more economic approach to EU competition law has spurred the most substantial debate on the normative justifications of competition law in recent history. Nevertheless, and despite limited literature to the contrary, these are not times of fundamental debate concerning the ultimate aims of competition policy. This is evidenced by the limited practical importance of the normative foundations of competition law in * Max Planck Institute for Research on Collective Goods, Bonn, Germany; Competition Division, Organisation for Economic Co-operation and Development (OECD), Paris, France. This chapter has benefited from comments and remarks received from participants during the 5th Academic Society for Competition Law (ASCOLA) Conference on the Goals of Competition Law, in Bonn, Germany from 27–29 May 2010. I would like to thank in particular Michael Adam, Rainer Becker, Anca Chiriţă, Julia Fischer, Volker Hallwirth, Liza Lovdahl-Gormsen, Gerhard Maier-Rigaud, Remi Maier-Rigaud, Kay Parplies, Wulf-Henning Roth, Christian Vollrath, Carl Christian von Weizsäcker, Thilo Wienke, Wouter Wils and Andrea Heiny of the German Federal Ministry of Economics and Technology and the Max Planck Library Team for discussions and comments on earlier versions and for help in assembling the...
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