Anthropology, History and the 'More Economic Approach' in European Competition Law -- A Review Essay

41 International Review of Intellectual Property and Competition Law 441 (2010)

Chicago-Kent College of Law Research Paper

9 Pages Posted: 18 Jul 2013

See all articles by David J. Gerber

David J. Gerber

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: July 16, 2010

Abstract

In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics — its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called "more economic approach" to law, particularly, competition law. As he has said on other occasions, he favors "a less economic approach" to competition law. Many in Europe and elsewhere may find value in some of his perspectives and insights, regardless of whether they accept his conclusions. Moreover, although his views clash with current orthodoxy in the US and have diminishing resonance in Europe, they represent concerns that are far more frequently found in other parts of the world, but that are there often less fully elaborated.

Keywords: anthropology, history, competition law, economics, economic approach, Fikentscher

JEL Classification: K19, K21, K23

Suggested Citation

Gerber, David J., Anthropology, History and the 'More Economic Approach' in European Competition Law -- A Review Essay (July 16, 2010). 41 International Review of Intellectual Property and Competition Law 441 (2010); Chicago-Kent College of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2159339

David J. Gerber (Contact Author)

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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