Should We Believe in the Reassuring Nature of the Chicagoan Notion of Competition Law?

Paper presented at VIII Ascola Conference – Regulation and Competition Law The paper will be published in the correspondent edited book, Forthcoming

Bocconi Legal Studies Research Paper No. 2298611

33 Pages Posted: 27 Jul 2013  

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Date Written: May 24, 2013

Abstract

If we wonder about the reasons why current antitrust scholars would like to resist the new regulatory approach to competition law, two lines of arguments arise – that concerning the risk of making mistakes because of enforcers’ ignorance, and that concerning the risk of making mistakes because of enforcers’ permeability to values and political ideas. Limiting enforcers’ ignorance is always appreaciable, especially because – in the end – this limitation amounts to the request of a good division of work between antitrust enforcers and regulators. Differently, the ease with which Chicagoan antitrust law is deemed to be neutral and, hence, preferable to any form of regulation is questionable. Chicagoan antitrust law is technical in its operations, but not in its premises and results and this, I believe, should be taken into account anytime we choose whether to like or dislike the emerging regulatory approach towards competition law.

Keywords: Antitrust, Regulation, Competition law

JEL Classification: K21

Suggested Citation

Maggiolino, Mariateresa, Should We Believe in the Reassuring Nature of the Chicagoan Notion of Competition Law? (May 24, 2013). Paper presented at VIII Ascola Conference – Regulation and Competition Law The paper will be published in the correspondent edited book, Forthcoming; Bocconi Legal Studies Research Paper No. 2298611. Available at SSRN: https://ssrn.com/abstract=2298611 or http://dx.doi.org/10.2139/ssrn.2298611

Mariateresa Maggiolino (Contact Author)

Bocconi University - Department of Legal Studies ( email )

Via Roentgen 1
Milan, 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

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