Book contents
- Competition Law and Democracy
- Global Competition Law And Economics Policy
- Competition Law and Democracy
- Copyright page
- Dedication
- Contents
- Preface
- Introduction
- Part I The Historical and Conceptual Foundations of the Competition–Democracy Nexus
- Part II The Operationalisation of the Competition–Democracy Nexus
- Part III The Decline of the Competition–Democracy Nexus
- 6 The Making of Laissez-Faire Antitrust
- 7 The Operationalisation of Laissez-Faire Antitrust and the Decline of Republican Liberty
- Part IV The Revival of the Competition–Democracy Nexus
- Bibliography
- Table of Names
- Table of Cases US
- Table of Cases EU
- Table of Legislation
- Index
7 - The Operationalisation of Laissez-Faire Antitrust and the Decline of Republican Liberty
from Part III - The Decline of the Competition–Democracy Nexus
Published online by Cambridge University Press: 21 November 2024
- Competition Law and Democracy
- Global Competition Law And Economics Policy
- Competition Law and Democracy
- Copyright page
- Dedication
- Contents
- Preface
- Introduction
- Part I The Historical and Conceptual Foundations of the Competition–Democracy Nexus
- Part II The Operationalisation of the Competition–Democracy Nexus
- Part III The Decline of the Competition–Democracy Nexus
- 6 The Making of Laissez-Faire Antitrust
- 7 The Operationalisation of Laissez-Faire Antitrust and the Decline of Republican Liberty
- Part IV The Revival of the Competition–Democracy Nexus
- Bibliography
- Table of Names
- Table of Cases US
- Table of Cases EU
- Table of Legislation
- Index
Summary
This chapter traces how the concern about negative economic liberty encoded in the consumer welfare standard and the laissez-faire antitrust approach coined by the Chicago School have transformed competition law on both sides of the Atlantic. It shows how this shift from republican to negative liberty as normative bedrock of competition law led to a recalibration of the role of legal presumptions, the standard of harm and the error–cost framework. It thus identifies the main parameters that drove the transformation of US and EU competition law from a republican antirust to a laissez-faire antitrust approach. This transfiguration displaced republican liberty as non-domination by a thinned-out understanding of negative liberty as non-interference as the ultimate goal of modern competition law and led to the disappearance of the idea of a competition–democracy nexus.
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- Competition Law and DemocracyMarkets as Institutions of Antipower, pp. 265 - 314Publisher: Cambridge University PressPrint publication year: 2024