Goals of Competition Law

Edited by Daniel Zimmer, Professor of Law, University of Bonn, Germany and Member of the German Monopolies Commission

[T]his book, with its economics-based approach and international orientation, will certainly interest academic lawyers, graduate students and indeed policy makers whose decisions may affect the economic welfare of whole regions. With detailed footnotes and index, the compilation is also especially useful as a gateway to further research.'--Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

• Contents:PrefacePART I: NORMATIVE FOUNDATIONS OF COMPETITION LAW1. On the Choice of Welfare Standards in Competition LawLouis Kaplow2. What is Competition?Maurice E. Stucke3. Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law – Comment on StuckeAndreas Fuchs4. The Multiple Personalities of EU Competition Law: Time for a Comprehensive Debate on its ObjectivesLaura Parret5. The Goals of European Competition Law: Some Distortions in the Literature – Comment on ParretDavid J. Gerber6. Thinking Inside the Box: Why Competition as a Process is a Sui Generis Right – a Methodological ObservationOles Andriychuk7. Legal Interpretation and Practice versus Legal Theory: A Reconciliation of Competition Goals – Comment on AndriychukAnca Daniela Chiriţă8. On the Normative Foundations of Competition Law – Efficiency, Political Freedom and the Freedom to CompeteFrank Maier-Rigaud 9. Efficiency, Political Freedom and the Freedom to Compete – Comment on Maier-RigaudHeike Schweitzer10. Economic Content of Competition Law: The Point of Regulating PreferencesAdrian Künzler11. On the Difference of Methodology in Jurisprudence and Economics – Comment on KünzlerIwakazu Takahashi12. Do Words Matter? A Discussion on Words used to Designate Values Associated with Competition LawPaul Nihoul13. On Words and on Shifting their Meaning – Comment on NihoulJosef Bejček14. Antitrust Pluralism and JusticeAbayomi Al-Ameen15. Antitrust Pluralism and Justice – Comment on Al-AmeenMichal S. Gal and Eran FishPART II: SELECTED ISSUES RELATED TO THE GOALS OF COMPETITION LAW16. The Single Market Imperative and Consumer Welfare: Irreconcilable Goals? Exploring the Tensions Amongst the Objectives of European Competition Law through the Lens of Parallel Trade in PharmaceuticalsMatteo Negrinotti17. Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade – Comment on NegrinottiLuboš Tichý18. Excessive Pricing and the Goals of Competition LawThomas Ackermann19. Excessive Pricing and the Goals of Competition Law: An Enforcement Perspective – Comment on AckermannJörg Philipp Terhechte20. China’s Anti-Monopoly Law: Agent of Competition Enhancement or Engine of Industrial Policy?Xiaoye Wang and Jessica Su21. China’s Anti-Monopoly Law: Agent of Competition Enhancement or Engine of Industrial Policy? – Comment on Wang and SuDeborah Healey22. Reflections on the Concepts of ‘Economic Freedom’, ‘Free Competition’ and ‘Efficiency’ from the Perspective of Developing CountriesMor Bakhoum23. A Social Approach to the Goals of Competition Law in Developing Countries – Comment on BakhoumKarounga Diawara24. Competition Law Goals in Agricultural Markets: A Latin American PerspectiveJuan David Gutiérrez Rodríguez25. Agricultural Markets and Competition Policy in Latin America: Conflicts of Goals, Rules and Enforcement Policies – Comment on Gutiérrez RodríguezCarlos Pablo Márquez26. The Basic Goal of Competition Law: To Protect the Opposite Side of the MarketDaniel ZimmerIndex