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 22: Reflections on the Concepts of ‘Economic Freedom’, ‘Free Competition’ and ‘Efficiency’ from the Perspective of Developing Countries

Mor Bakhoum

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

Extract

Mor Bakhoum* 1 INTRODUCTION ‘Law’, as a science and a societal phenomenon, is not an abstract concept. Although it has the function to define and regulate human relationships and behaviours within a given society, at a given time, ‘time’ and ‘place’ not only assign it specific goals, but also define and shape its evolution. This is particularly true for competition law.1 History witnesses that the competition laws of the European Union (EU) and the United States (US) emerged and developed following specific goals at different points of time. Initially, the European competition law emerged as a safeguard against concentration of economic and political power and became the beacon of the free participation in the market economy.2 * Dr iur, LLM (Lausanne/Chicago-Kent), Research Fellow, Max Planck Institute for Intellectual Property and Competition Law, Munich. This chapter is enriched by comments and insights from scholars to whom I am very grateful. I would like to thank Michal Gal, David Gerber, Rupprecht Podszun, Wolfgang Fikentscher, Andreas Heinemann and Josef Drexl for their constructive comments. I would also like to thank Ruth Claussen and Anna Mattes for their valuable assistance in the finalization of this chapter. 1 For instance, for an analysis of how ‘time’ and ‘place’ can influence the economic theory in competition law, see RJR Peritz, ‘Thinking about Economic Progress: Arrow and Schumpeter in Time and Place’ in J Drexl, RM Hilty, L Boy, C Godt and B Remiche (eds), Technology and Competition, Contributions in Honour of Hanns Ullrich (Larcier, 2009), 627. 2...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information