Markets, Competition, and Fairness

EU Law Working Paper No. 74 - TTLF Stanford Law School (2023) (forthcoming in Thepot & Tzanaki, Research Handbook on Competition and Corporate Law, Edward Elgar Publishing)

33 Pages Posted: 8 Feb 2023 Last revised: 12 Jun 2023

See all articles by Eliana Garces

Eliana Garces

Analysis Group

Giuseppe Colangelo

Università degli Studi della Basilicata; Stanford Law School; LUISS Guido Carli, Department of Business and Management; International Center for Law & Economics (ICLE)

Date Written: May 1, 2023

Abstract

Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy. Fairness is undoubtedly an accepta-ble objective by itself and has its place in the history of economic regulation. The approach in competition policy so far has been to attempt to anchor the concept of fairness in economics with disciplined attempts to characterize the processes that are conducive to fair or unfair outcomes. As fairness becomes a central element in recent EU digital regulatory interventions, there appears to be a possible evolution in the implementation of fairness in EU competition policy away from well-defined forms of abuse and towards a more assertive defense of equal opportunities in the competitive process as well as fair outcomes.

Keywords: Competition policy; Digital platforms; Fairness; Efficiency

JEL Classification: K20, K21, L40, L50

Suggested Citation

Garces, Eliana and Colangelo, Giuseppe, Markets, Competition, and Fairness (May 1, 2023). EU Law Working Paper No. 74 - TTLF Stanford Law School (2023) (forthcoming in Thepot & Tzanaki, Research Handbook on Competition and Corporate Law, Edward Elgar Publishing), Available at SSRN: https://ssrn.com/abstract=4349587 or http://dx.doi.org/10.2139/ssrn.4349587

Eliana Garces (Contact Author)

Analysis Group ( email )

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Washington, DC 20006
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Giuseppe Colangelo

Università degli Studi della Basilicata ( email )

Via dell'Ateneo Lucano 10
Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

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HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

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Rome, Roma 00197
Italy

International Center for Law & Economics (ICLE) ( email )

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Suite 300
Lake Oswego, OR 97035
United States

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