The Dialectics of Competition Law: Sketching the Ordo-Austrian Approach to Antitrust

30 Pages Posted: 3 Dec 2014

See all articles by Oles Andriychuk

Oles Andriychuk

Strathclyde University Law School

Date Written: December 2, 2014

Abstract

This paper explores the qualitative (deontological) approaches to the phenomenon of economic competition, synthesizing the Ordoliberal and the Austrian perceptions of antitrust economics, policy and law. It critically addresses the main normative motto of the contemporary antitrust, embedded in the ethos of consumer/total welfare, as well as the methodological reduction of competition policy to the empirical analysis. Not contesting the paramount role of economics in the realm of antitrust, it demonstrates why the phenomenon of competition cannot be narrowed down to its welfare-generating function. By comparing the regulatory mechanisms of the competitive process in the real economy and sports it depicts some potential methodological analogies, between the two realms.

Keywords: Goals of competition law and policy, Ordoliberalism, Austrian economics, Competition on the Merits

Suggested Citation

Andriychuk, Oles, The Dialectics of Competition Law: Sketching the Ordo-Austrian Approach to Antitrust (December 2, 2014). World Competition: Law and Economics Review, Vol. 35, No. 2, 2012, pp. 355-384.. Available at SSRN: https://ssrn.com/abstract=2532956 or http://dx.doi.org/10.2139/ssrn.2532956

Oles Andriychuk (Contact Author)

Strathclyde University Law School ( email )

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