Competition Law and Democracy

Markets as Institutions of Antipower

Elias Deutscher (University of East Anglia School of Law)

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Hardback

Forthcoming
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English

Cambridge University Press
31 May 2024

Political structures: democracy; Political economy; Comparative law; Competition law & Antitrust law

Series: Global Competition Law and Economics Policy

Examining the normative foundations of US antitrust and EU competition law, Elias Deutscher argues that the idea of a competition-democracy nexus rests on a commitment to a republican understanding of economic liberty. The book uses this republican concept of economic liberty to analyse how US antitrust and EU competition law embodied a competition-democracy nexus and explains how the turn of competition law toward a more economic approach has led to its decline. The book offers proposals for how the nexus can be revived to allow competition law to address contemporary concerns about the concentration of corporate power.

By: Elias Deutscher (University of East Anglia School of Law)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781316513675
ISBN 10: 131651367X
Series: Global Competition Law and Economics Policy
Pages: 366
Publication Date: 31 May 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Forthcoming

Introduction; Part I: 1. The object of inquiry: The idea of a competition–democracy nexus; 2. Republican liberty as the coupling between competition and democracy; Part II: 3. The building blocks of a republican competition law approach; 4. The competition–democracy nexus in US antitrust and EU competition law jurisprudence; 5. The policy parameters of republican antitrust: presumptions, standard of harm, and the error-cost framework; Part III: 6. The making of Laissez-Faire antitrust; 7. The operationalisation of Laissez-Faire antitrust law and the decline of republican liberty; Part IV: 8. Main findings and avenues towards a competition–democracy nexus 4.0; 9. Bibliography.

Dr. Elias Deutscher is an Associate Professor in Competition Law and a member of the Centre for Competition Policy at the University of East Anglia. As a trained lawyer and political scientist, he publishes widely on the normative, conceptual and historical foundations of competition law, and new challenges for competition policy in digital and innovation-driven markets.