Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-22T09:11:42.864Z Has data issue: false hasContentIssue false

4 - The Competition–Democracy Nexus in US Antitrust and EU Competition Law Jurisprudence

from Part II - The Operationalisation of the Competition–Democracy Nexus

Published online by Cambridge University Press:  21 November 2024

Elias Deutscher
Affiliation:
University of East Anglia School of Law
Get access

Summary

This chapter analyses how the ideal of republican liberty and the concept of a competition–democracy nexus have been implemented through concrete competition policy. To this end, the chapter looks at the interpretation and application of the three substantive pillars (i.e., the prohibition of anticompetitive agreements, the regulation of monopoly power, and the control of mergers) of competition law in the US until the 1970s and in the EU until the early 2000s. It describes how all three branches of competition law were interpreted in accordance with a republican conception of economic liberty as non-domination that perceived the very existence of concentrated economic power as an obstacle to economic freedom and democracy. This republican concern about liberty as non-domination as the central element of the competition–democracy nexus primarily manifested itself in the overarching policy goal of preserving a polycentric market structure as an institution of antipower. The republican antitrust tradition in the United States and in Europe built upon the structuralist approaches envisaged by various republican antitrust paradigms to operationalise the idea of a competition–democracy nexus that we discussed in the previous chapter.

Type
Chapter
Information
Competition Law and Democracy
Markets as Institutions of Antipower
, pp. 137 - 170
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×