Andryichuk, Oles (2009): Does Competition matter? An Attempt of analytical 'Unbundling' of Competition from Consumer Welfare: A Response to Miasik. Published in: Yearbook of Antitrust and Regulatory Studies , Vol. 2, No. 2 (2009): pp. 11-26.
Download (293kB) | Preview
This paper is an attempt to evaluate the conceptual relationship between two central elements of the theory of antitrust: competition and consumer welfare. These two notions are analysed in their mutual dependency. In terms of methodology, the paper proposes to structurally separate competition from consumer welfare. This technique is successfully applied in the domain of legal philosophy when the correlation between law and morality is debated. The main purpose of this paper is to show that both competition and consumer welfare are economic values of fundamental importance with no ex ante hierarchical dominance of consumer welfare over competition. In case of conflict, priority might be given to either of these values depending on the context of the assessment. This paper has a discursive character, it constitutes a response to Dawid Miąsik’s article entitled: ‘Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law’ which was published in the ‘Yearbook of Antitrust and Regulatory Studies’ 2008 vol. 1.
|Item Type:||MPRA Paper|
|Original Title:||Does Competition matter? An Attempt of analytical 'Unbundling' of Competition from Consumer Welfare: A Response to Miasik|
|Keywords:||goals of competition law; deontological v. utilitarian antitrust; separability thesis; competition and liberal democracy; rule of form v. rule of reason|
|Subjects:||K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law|
|Depositing User:||Michał Mijal|
|Date Deposited:||13. Jul 2010 09:09|
|Last Modified:||30. Dec 2015 20:47|
Akman P., “Searching for the Long-Lost Soul of Article 82 EC” (2009) 29(2) Oxford Journal of Legal Studies.
Amato G., Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market, Hart Publishing 1997.
Atria F., On Law and Legal Reasoning, Oxford 2001.
Bork R.H., The Antitrust Paradox: A Policy At War With Itself, New York 1993.
Budzinski O., An Evolutionary Theory of Competition, Philipps-University of Marburg, 2004.
Crane D.A., “Chicago, Post-Chicago, and Neo-Chicago, Reviewing Robert Pitofski (ed.), How the Chicago School Overshot the Mark, Oxford University Press, USA, 2008”, Benjamin N. Cardozo School of Law Jacob Burns Institute for Advanced Legal Studies April 2009, Working Paper No. 259.
Cruz J.B., Between Competition and Free Movement, Oxford 2002.
Ehlermann C.D., Laudati L.L. (eds.), The Objectives of Competition Policy, European Competition Law Annual 1997, Oxford 1998.
Fox E.M., “We Protect Competition, You Protect Competitors” (2003) 26(2) World Competition.
Fuller L.L., “Positivism and Fidelity to Law: A Reply to Professor Hart” (1958) 71 Harvard Law Review.
Hovenkamp H., The Antitrust Enterprise: Principle and Execution, Harvard University Press, 2005.
Ingram P.G., Censorship and Free Speech: Some Philosophical Bearings, Ashgate, Burlington, USA 2000.
Kirchner C., “Goals of Antitrust and Competition Law Revisited” [in:] Schmidtchen D., Albert M., Voigt S. (eds.), The More Economic Approach to European Competition Law, Tubingen, 2007.
Kramer M.H., In Defence of Legal Positivism, Oxford University Press 1999.
Lenel H.O., “Evolution of the Social Market Economy” [in:] A. Peacock, H. Willgerodt (eds.), German Neo-Liberals and the Social Market Economy, MacMillan 1989.
Odudu O., The Boundaries of EC Competition Law: The Scope of Article 81, Oxford 2006.