When the State Harms Competition ― The Role for Competition Law

59 Pages Posted: 14 Apr 2013 Last revised: 16 Apr 2014

See all articles by Eleanor M. Fox

Eleanor M. Fox

New York University School of Law

Deborah Healey

University of New South Wales (UNSW) - Faculty of Law

Date Written: April 14, 2014

Abstract

This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral relationship between them. The authors surveyed 32 jurisdictions and found that antitrust/competition laws of a number of jurisdictions condemned certain state acts and measures. This article describes and summarizes the research and combines the research findings with conceptual analysis to recommend relevant rules and principles that might be adopted as recommended principles and included in a model modern competition law.

Suggested Citation

Fox, Eleanor M. and Healey, Deborah, When the State Harms Competition ― The Role for Competition Law (April 14, 2014). NYU Law and Economics Research Paper No. 13-11; UNSW Law Research Paper No. 2013-31. Available at SSRN: https://ssrn.com/abstract=2248059 or http://dx.doi.org/10.2139/ssrn.2248059

Eleanor M. Fox (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6171 (Phone)

Deborah Healey

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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