Competition Law and Democracy: Markets as Institutions of AntiPower

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Competition Law and Democracy: Markets as Institutions of AntiPower

By Elias Deutscher
Cambridge University Press November 2024

Specifications

ISBN-13
9781316513675
Publisher
Cambridge University Press
Publication
November 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Examining the normative foundations of US antitrust and EU competition law, Elias Deutscher argues that the idea of a competition-democracy nexus rests on a commitment to a republican understanding of economic liberty. The book uses this republican concept of economic liberty to analyse how US antitrust and EU competition law embodied a competition-democracy nexus and explains how the turn of competition law toward a more economic approach has led to its decline. The book offers proposals for how the nexus can be revived to allow competition law to address contemporary concerns about the concentration of corporate power.

Table of Contents

Introduction

Part I
1. The object of inquiry: The idea of a competition–democracy nexus
2. Republican liberty as the coupling between competition and democracy

Part II
3. The building blocks of a republican competition law approach
4. The competition–democracy nexus in US antitrust and EU competition law jurisprudence
5. The policy parameters of republican antitrust: presumptions, standard of harm, and the error-cost framework

Part III
6. The making of Laissez-Faire antitrust
7. The operationalisation of Laissez-Faire antitrust law and the decline of republican liberty

Part IV
8. Main findings and avenues towards a competition–democracy nexus 4.0
9. Bibliography
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