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Competition Law Through an Ordoliberal Lens

36 Pages Posted: 19 Mar 2015 Last revised: 6 Jan 2016

Ignacio Herrera Anchustegui

University of Bergen - Faculty of Law

Date Written: March 1, 2015

Abstract

Ordoliberalism is a German school of economic thought that advocates regulating the free market economic based on a set of state imposed rules guaranteed by the economic constitution to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and state planned economy for the better regulation of the market economy by having as goals the protection of the competitive process and individual freedom. In this article I submit that ordoliberalism, an indigenous European competition policy, is an adequate economic and analytical tool to base the practice and decision making of competition law a. My aim is twofold: contribute to the discussion on what ordoliberalism is in general and in particular concerning competition policy, and offer a new perspective on an ordoliberal-oriented competition policy.

Keywords: Ordoliberalism, competition law, buyer power, law and economics, economic constitution, German neo-liberalism, social market economy

Suggested Citation

Herrera Anchustegui, Ignacio, Competition Law Through an Ordoliberal Lens (March 1, 2015). Available at SSRN: https://ssrn.com/abstract=2579308 or http://dx.doi.org/10.2139/ssrn.2579308

Ignacio Herrera Anchustegui (Contact Author)

University of Bergen - Faculty of Law ( email )

Bergen
Norway

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