More Common Ground for International Competition Law?
Show Less

More Common Ground for International Competition Law?

Edited by Josef Drexl, Warren S. Grimes, Clifford A. Jones, Rudolph J.R. Peritz and Edward T. Swaine

In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: Consumer Choice as the Best Way to Recenter the Mission of Competition Law

Robert H. Lande


Robert H. Lande* INTRODUCTION 1 The mission of competition law needs to be clarified, and this article shows that the best way to do this is to interpret and enforce these laws in terms of consumer choice. This reformulation is necessary due to uncertainty and instability that exist in the field. For example, even though the United States’ competition laws, which it calls antitrust laws, are more than a century old, it can’t decide upon these laws’ overall purpose. The ‘main point of antitrust’ in the United States from 1890 to the 1970s was a variety of social/political/economic objectives, including the belief that big businesses were suspect and small businesses were good.1 Then the efficiency-only paradigm emerged during the Reagan and Bush administrations.2 More recently, the Clinton Administration seemed to care about enhancing economic efficiency and also about protecting consumers from * This chapter is in large part a condensation and update of NW Averitt and RH Lande, ‘Using the “Consumer Choice” Approach to Antitrust Law’ (2007) 74 Antitrust LJ 175. I am grateful to Christine Carey, James Denvil and Gary Stapleton for excellent research assistance. 1 RH Lande, ‘Wealth Transfers as the Original and Primary Concern of Antitrust: The Efficiency Interpretation Challenged’ (1982) 34 Hastings LJ 64, at 101– 105, available at See also JB Kirkwood and RH Lande, ‘The Fundamental Goal of Antitrust: Protecting Consumers, Not Increasing Efficiency’ (2008) 84 Notre Dame L Rev 191, available at 2 See...

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

or login to access all content.