The Normative Foundations of European Competition Law: Assessing the Goals of Antitrust Through the Lens of Legal Philosophy

Does competitive process constitute an autonomous societal value or is it a mere means for achieving more reliable and measurable goals such as welfare, growth, integration, and innovation?

This insightful book addresses this question from philosophical, legal and economic perspectives and demonstrates exactly why competitive process is an independent value, which should not always be subordinated to other legitimate antitrust goals.

Oles Andriychuk consolidates the normative theories surrounding freedom, market and competition, assessing their effective use within the matrix of EU competition policy. Outlining the broader context of the phenomenon of competition such as its pivotal role in the electoral system and its implications for free speech, chapters investigate the communicative process between the proponents of various antitrust-related goals. Further to this, some relevant solutions to persistent regulatory problems of antitrust are discussed.

Timely and thought provoking, this book will appeal to both students and scholars of European competition law, as well as those with a wider interest in its philosophical foundations. Offering deep insights on the nature of the competitive process, it will also appeal to judges and politicians weighing up antitrust goals.