Are Competition Officials Abandoning Competition Principles?

Journal of European Competition Law & Practice, lpac033, https://doi.org/10.1093/jeclap/lpac033

10 Pages Posted: 28 Mar 2022 Last revised: 19 Jul 2022

Date Written: July 5, 2022

Abstract

• Enforcers have universally agreed that competition laws should protect competition rather than competitors, rely on sound economics and evidence, protect due process, tailor remedies to the underlying harm, and avoid discrimination on non-competition grounds.

• While competition officials have a duty to safeguard these principles, examination of new regulatory proposals aimed at platform markets (including those in the EU, US and Germany) shows that they may be failing to do so.

• Competition officials should insist that competition-related regulatory proposals fully respect fundamental principles before endorsing proposals that threaten to advance political, social engineering or industrial policy objectives.

Suggested Citation

Taladay, John and Ohlhausen, Maureen, Are Competition Officials Abandoning Competition Principles? (July 5, 2022). Journal of European Competition Law & Practice, lpac033, https://doi.org/10.1093/jeclap/lpac033, Available at SSRN: https://ssrn.com/abstract=4042226 or http://dx.doi.org/10.2139/ssrn.4042226

John Taladay (Contact Author)

Baker Botts LLP ( email )

Washington, DC
United States

Maureen Ohlhausen

Baker Botts LLP ( email )

Washington, DC
United States

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