Dialectical Antitrust: An Alternative Insight into the Methodology of the EC Competition Law Analysis in a period of Economic Downturn

Citation

Andriychuk O (2010) Dialectical Antitrust: An Alternative Insight into the Methodology of the EC Competition Law Analysis in a period of Economic Downturn. European Competition Law Review, 31 (4), p. 155–164. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1592987

Abstract
Advocates an approach to the study of EC competition law's goals during an economic downturn that incorporates "dialectics", namely legal reasoning that presumes controversies between norms and principles to be both inevitable and productive. Includes discussion of: (1) what the author sees as the five "dimensions" of dialectical antitrust, or dialectics as it applies to competition law; (2) dialectical antitrust versus holistic antitrust; (3) the doctrine of the two-handed market, or manus manum lavat; (3) the consumer welfare "fallacy"; and (4) the "antitrust taxonomy".

Keywords
Competition law; EC law; Economic conditions; Legal reasoning

Journal
European Competition Law Review: Volume 31, Issue 4

• Dialectical Andriychuk O.pdf