Friedrich Hayek's Contribution to Antitrust Law and Its Modern Application

ICC Global Antitrust Review, pp. 199-216, 2014

18 Pages Posted: 12 Jan 2015 Last revised: 29 Jan 2015

See all articles by Thibault Schrepel

Thibault Schrepel

Harvard University (Berkman Center); Utrecht University School of Law; University Paris 1 Panthéon-Sorbonne

Date Written: January 2015


Friedrich Hayek is one the most influential economists of his time. Yet, Hayek’s influence on antitrust judges and antitrust agencies is quite low compared to the one other economists have. This should change. The very rapid growth of high-technology markets tends to confirm Hayek’s views on competition, the reason why it is time to (re)consider his work. As of today, dynamic efficiencies are not fully considered in most antitrust analyses. Based on Hayek’s work, the essay proposes some concrete changes in our modern laws. They imply to consider every aspect of the concept of ‘innovation’ in all antitrust analyses, by taking position on standardization, predatory innovation, disruptive innovation and other major themes for our economies. Also, analysing Hayek’s thinking show us why antitrust laws should only apply with certitude and agencies should consider false positives with more consistency.

Keywords: Hayek, innovation, standardization, disruptive innovation, predatory innovation

JEL Classification: K21

Suggested Citation

Schrepel, Thibault, Friedrich Hayek's Contribution to Antitrust Law and Its Modern Application (January 2015). ICC Global Antitrust Review, pp. 199-216, 2014. Available at SSRN:

Thibault Schrepel (Contact Author)

Harvard University (Berkman Center) ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK

University Paris 1 Panthéon-Sorbonne ( email )


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