Posted by Social Science Research Network
The Antitrust F Word: Fairness Considerations in Competition Law
By Sandra Marco Colino
This paper explores value of fairness as a goal of competition law. It contrasts the developments in the US, where non-economic goals are largely discarded by the prevailing antitrust thinking, with those in the EU and China, where the pursuit of fair competition has been explicitly acknowledged and attempted according to different strategies, with mixed results. The main argument put forward is that a fairness-deprived antitrust policy which focuses solely on narrow interpretations of the concept of economic efficiency tends to perish, and is not sufficient to control the nefarious consequences of unrestrained market power. At the same time, there is a risk of unpredictability attached to fairness considerations which must be addressed to ensure legal certainty and to avoid the misuse of antitrust, an intricate yet very valuable piece of the legal system which, if used to its full potential, could serve to allow efficient firms to flourish protected from the risks inherent to unfair distortions of competition.
Featured News
T-Mobile’s Acquisition of Ka’ena Corporation Receives FCC Approval
Apr 26, 2024 by
CPI
UK Regulator Announces Two New Senior Executive Appointments
Apr 26, 2024 by
CPI
Paramount Global and Skydance Media Near Merger Deal, Eyeing CEO Change
Apr 26, 2024 by
CPI
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI