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