On the Normative Foundations of the Global Competition Governance

50 Pages Posted: 13 Feb 2015

See all articles by Kim Them Do

Kim Them Do

United Nations - Conference on Trade and Development (UNCTAD); International Competition Network

Date Written: February 11, 2015

Abstract

This paper discusses the normative foundation of a global competition regime. It asks: What kind of normative values do we need? What objectives ought we to pursue? Why value economic competition at such a tough time as this? Are the disputes on these issues in the US and EU jurisdictions likely to be a point of reference for this policy research?

It argues that the competition value persist and that it is therefore worth valuing competition for its own sake. In reviewing US, EU and German competition law discourse, it does not share these normative underpinnings about consumer welfare standard, economic efficiency and protection of economic freedom because these standards are unsuitable in projecting a future global competition regime.

It presents instead the moral and political philosophy of Amartya Sen, whose illustration could provide a initial brief explanation of this law making process.

Based on the developmental perspective, in its best sense of freedom to compete and market performance improvement, as the global reasoning behind this project, the chapter justifies how we can no longer equate the conventional nature of competition with prohibitions against business firms’ restraint practices as before. This change in mindset in the cooperation among countries facilitates discussion of the technical issues.

Keywords: Global Competition Governance, US antitrust law discourse, EU competition law discourse, German law discourse, competition law in developing countries, political phiulosophy, international cooperation, Amartyaq Sen, global competition regime

JEL Classification: F02, F10, F42, H77, K21, K33, L40, O19

Suggested Citation

Do, Kim Them, On the Normative Foundations of the Global Competition Governance (February 11, 2015). Available at SSRN: https://ssrn.com/abstract=2563685 or http://dx.doi.org/10.2139/ssrn.2563685

Kim Them Do (Contact Author)

United Nations - Conference on Trade and Development (UNCTAD) ( email )

Palais des Nations
Office E 8074
Geneva, 1211
Switzerland

International Competition Network ( email )

United States

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