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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The Dialectics of Competition Law: Sketching the Ordo-Austrian Approach to Antitrust
Authors: Andriychuk, Oles
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Issue Date: 2012
Publisher: Kluwer Law International
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.
Type: Journal Article
Rights: Publisher policy allows this work to be made available in this repository. Published in World Competition by Kluwer Law International. The original publication is available at:
Affiliation: Law

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