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

Citation
Andriychuk O (2012) The Dialectics of Competition Law: Sketching the Ordo-Austrian Approach to Antitrust, World Competition, 35 (2), pp. 355-384.

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.

StatusPublished
AuthorsAndriychuk Oles
Publication date2012
URLhttp://www.kluwerlawonline.com/…s&id=WOCO2012022
PublisherKluwer Law International
ISSN 1011-4548
LanguageEnglish

Journal
World Competition: Volume 35, Issue 2

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