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

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

Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
ISBN: 9781786436061
Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

1. Introduction

Celine Tan and Julio Faundez

2. Investment Treaties, Natural Resources and Regulatory Space: Technical Issues and Political Choice in International Investment Law

Lorenzo Cotula

3. Risky Business: Political Risk Insurance and the Law and Governance of Natural Resources

Celine Tan

4. The Extractive Industries Transparency Initiative in Africa: Overcoming the Resource Curse and Promoting Sustainable Development

Emma Wilson and James van Alstine

5. BITs, State Regulation and Business-Related Human Rights Violations in Water and Sanitation Services

Juan Pablo Bohoslavsky, Liber Martín, Liber and Juan Justo

6. Away from the Spotlight: Foreign Investment in the Afghan Extractive Sector and the State’s Duty to Protect the Right to Water

Daria Davitti

7. The Governance of Natural Resources in Latin America: The Commodities Consensus and the Policy Space Conundrum

Julio Faundez

8. Transferring Wealth, Developing Poverty

Christiana Ochoa

9. Situating the Amazon in World Politics

Manuela Picq

10. Tropical Forests, Climate Change and Green Governmentality

Sam Adelman

11. The Role of Law in the Economy and in Regulating Natural Resources and Environmental Protection in China

John McEldowney

12. Natural Resources and Global Value Chains: What Role for the WTO?

Fiona Smith

13. Sustainable Chemical Regulation in a Global Environment

Sharron McEldowney

14. Litigation Against Multinational Oil Companies in Their Home State Jurisdictions: An Alternative Legal Response to Pollution Damage in Foreign Jurisdictions

David Ong

15. The Public Interest in International Investment Arbitration on Natural Resources

Claire Buggenhoudt

Index