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
- 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
- Part III The Decline of the Competition–Democracy Nexus
- 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
5 - The Policy Parameters of Republican Antitrust
Presumptions, Standard of Harm, and the Error–Cost Framework
from Part II - The Operationalisation 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
- 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
- Part III The Decline of the Competition–Democracy Nexus
- 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 examines the specific features that made US antitrust and EU competition law particularly conducive to a republican understanding of economic liberty and translated the structural goal of preserving a polycentric market structure into concrete competition policy. It sheds light on how the ideal of republican liberty and the idea of a competition–democracy nexus were given shape through a specific legal modus operandi, such as the structure of legal commands, standards of assessments, and institutional principles. The chapter identifies the (i) extensive use of broadly construed rule-like presumptions of anticompetitiveness, a (ii) possibilist standard of harm, and (iii) a precautionary error–cost framework erring in the case of doubt on the side of over-deterrence (type I errors) as the main channels of republican antitrust in the US and EU. These legal filters can be considered the main parameters or policy levers of a distinctive republican approach towards antitrust law and policy.
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- Information
- Competition Law and DemocracyMarkets as Institutions of Antipower, pp. 171 - 218Publisher: Cambridge University PressPrint publication year: 2024