Whose Regulation, Which Competition?
- ASCOLA Competition Law series
Edited by Hanns Ullrich
Chapter 10: Competition, Regulation and System Coherence
10. Competition, regulation and system coherence Joël Monéger* For as much as your most excellent Majesty, in your royal judgment, and your blessed disposition to the weal and quiet of your subjects, did in the year of our Lord God one thousand six hundred and ten publish in print to the whole realm and all posterity that all monopolies are contrary to your Majesty’s Laws; and whereas nevertheless upon misinformation and untrue pretences of public good, many such grants have been unduly obtained, and unlawfully put in execution, for avoiding whereof, and preventing of the like in time to come, be it declared and enacted that: I. All monopolies and all commissions, grants, licenses, charters and letters patents heretofore made and granted, or hereafter to be made or granted, to any person or persons, bodies politick or corporate whatsoever, of or for the sole buying, selling, making, working or using of any thing within this realm, or of any other monopolies, or of power to give license or toleration to do, use or exercise any thing against any Law . . . are contrary to the Law of this realm, and so are and shall be utterly void. From ‘The Statute of Monopolies’ 21 Jac. 1, c 3 (1623)1 Competition where possible, regulation when necessary From Kay and Vickers, ‘Regulatory Reform; an appraisal’, in G. Majone (ed.), Pinter Publishers, p. 223, 1990 Professor, Université Paris-Dauphine. From L. B. Schwartz, J. J. Flynn, H. First, Free Enterprise and Economic Organization: Antitrust,...
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