Download or read book Populism and Antitrust written by Maciej Bernatt and published by Cambridge University Press. This book was released on 2022-02-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.
Download or read book Competition Law and Democracy written by Elias Deutscher and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book asks how competition and its protection through competition law are linked with democracy. It finds that the supposed symbiosis between competition (law) and democracy rests on a republican understanding of liberty as the absence of domination, which originates in ancient Roman thought"--
Download or read book Competition Law and Democracy written by Elias Deutscher and published by Cambridge University Press. This book was released on 2023-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Development of European Competition Policy written by Brian Shaev and published by Taylor & Francis. This book was released on 2024-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers a central issue of our time: the relationship between the macroeconomic objectives of political parties in democratic countries and the legal framework of market economies. The impressive panel of contributors examines social-democratic policies on cartels, market concentration and competition in different European countries, spanning a hundred-year period (specifically the interwar period, the initial postwar period, the 1960s and 1970s, the 1980s and 1990s, and the 2000s). This thought-provoking volume challenges the dominant belief that the EU’s economic system and competition policy were mainly influenced by neoliberal economic thinking, instead showing that Keynesian and social-democratic positions played a major role in the emergence of this system. It will be valuable reading for advanced students, researchers and policymakers interested in modern economic history, industrial organization, political economy, European legal history and political science.
Download or read book The Politics Industry written by Katherine M. Gehl and published by Harvard Business Press. This book was released on 2020-06-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.
Download or read book Of Masters Slaves Behemoths and Bees written by Elias Deutscher and published by . This book was released on 2020 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the preservation of competition through competition law contributes to the protection of democracy constitutes a recurrent theme, or even a foundational myth, of US antitrust and EU competition law. Yet, legal scholarship has so far failed to provide a coherent explanation as to why the preservation of competitive markets and the control of private economic power are important for democracy. This study purports to unpack this idea of a competition-democracy nexus and to put forward a clear answer to the question of how competition and competition law promote and protect democracy. The primary claim of this study is that the idea of a competition-democracy nexus can only be explained by the republican concept of liberty as non-domination that originated from republican thought in Ancient Rome. This republican concept of liberty differs from our predominant understanding of negative liberty which perceives only the actual or likely interference by somebody else with our choices or actions as a source of unfreedom. Instead, republican liberty defines liberty in opposition to a master-slave relationship. It considers the mere presence of and defenceless subjugation to the arbitrary power and domination of another person as an obstacle to individual liberty, even if this person does not interfere with our choices. This republican concept of liberty can, thus, explain the basic assumption underlying the idea of a competition-democracy nexus that the mere existence of concentrated economic power is in itself incompatible with a republican democracy and a society of free and equals, in spite of the absence of any concrete risk of interference. Using the concept of republican liberty as the explanatory variable for the idea of a competitiondemocracy nexus, this study makes four major contributions. First, it traces the historical trajectory of the idea that competition promotes democracy. It shows that early proponents of competitive markets, such as Adam Smith, as well as various antitrust movements in the US, and the Ordoliberal School in Europe shared the common belief that competition by diffusing economic power operates as an institution of 'antipower' that promotes republican liberty and democracy. Second, this study also explores how US and EU competition law have operationalised this concern about republican liberty and democracy by protecting a polycentric market structure in which power is dispersed amongst many independent decision-makers. Third, it sheds light on how the rise of the Chicago School in the US and the More Economic Approach in Europe have displaced the concern about the competition-democracy nexus and republican liberty with a negative understanding of liberty that only perceives welfaredecreasing interference as an obstacle to economic liberty. Fourth, in light of growing societal concerns about the concentration of corporate power, this study also signposts some of the parameters which would have to be recalibrated in order to realign competition law with a republican understanding of economic liberty and to reinvigorate the link between competition and democracy.
Download or read book Democracy Freedom and Coercion written by Alain Marciano and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic democracy, the identification of the developing pattern of democracy, the impact of political violence etc. But the essays combine well so that together they illuminate the big picture from a variety of perspectives. Thought provoking and challenging an excellent read for anyone interested in the more detailed analysis of the issues that make up the big picture. Alan Hamlin, University of Manchester, UK So much of the academic analysis of democracy focuses on agreement and ignores the fact that all government action ultimately is backed by coercion. This volume offers a thoughtful examination of the inherent tensions between liberty and coercion that are an inevitable part of democratic government. Randall G. Holcombe, Florida State University, US States need to be strong in order to enforce private property rights; yet, this very strength can cause problems as representatives of the state can misuse it for their individual goals. This dilemma of the strong state has been occupying political philosophers for centuries. In this volume, to which economists but also political scientists have contributed, a number of new and unexpected variations on the topic are explored. This makes the volume an exciting read. Stefan Voigt, University of Marburg, Germany The contribution covers the niche between law and economics and the political theory of the state and its constitution. Now we can integrate traditional political theory into our doctoral seminars in law and economics a long overdue step ahead. Jürgen G. Backhaus, Erfurt University, Germany The essence of democratic power lies in the capacity to protect individual freedom while organizing the necessary coercion associated with any form of government. Yet, as the authors of this book maintain, developing coercion in order to protect freedom, and containing coercion in order to further protect freedom, is an arduous task, and one that faces any democratic Leviathan. The aim of this book is to explore this paradox and to analyse the intricate balance of freedom and coercion in developing states. In so doing it considers the legal and institutional conditions under which coercion and violence are admitted and/or permitted, and how these conditions should be organized in order to preserve and develop freedom as far as possible. Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics. It will also serve as a reference tool to those academics in the field of legal competition, especially from the perspective of European issues.
Download or read book Antitrust and the Bounds of Power written by Giuliano Amato and published by Hart Publishing. This book was released on 1997-10-19 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines dilemmas surrounding antitrust law and public and private power and the ways in which these problems have been addressed by legislatures and courts in the US and in Europe. Offers sometimes controversial observations on the history and doctrines of antitrust law, and conclusions as to how successfully the dilemma is being managed by the economies of the US and Europe. Amato is head of the Italian Antitrust Authority, a professor of law at the European University Institute in Florence, Italy, and a former Prime Minister of Italy. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Download or read book The Normative Foundations of European Competition Law written by Oles Andriychuk and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.
Download or read book Law Pragmatism and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Download or read book The Brazilian Law of Democracy and Its Implications for Competition Law written by Arthur Guerra De Andrade Filho and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Download or read book Competition and the State written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2014-05-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector. This book, the third in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Download or read book The Marketplace of Democracy written by Michael P. McDonald and published by Rowman & Littlefield. This book was released on 2007-02-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and Cato Institute publication Since 1998, U.S. House incumbents have won a staggering 98 percent of their reelection races. Electoral competition has also declined in some state and primary elections. The Marketplace for Democracy combines the resources of two eminent research organizations—Brookings and the Cato Institute—to address several important questions about our democratic system. How pervasive is the lack of competition in arenas only previously speculated on, such as state legislative contests and congressional primaries? What have previous reform efforts, such as direct primaries and term limits, had on electoral competition? What are the effects of redistricting and campaign finance regulation? What role do third parties play? In sum, what does all this tell us about what might be done to increase electoral competition? The authors, including a number of today's most important scholars in American politics, consider the historical development, legal background, and political aspects of a system that is supposed to be responsive and accountable yet for many is becoming stagnant, self-perpetuating, and tone-deaf. How did we get to this point, and what—if anything—should be done about it? Elections are the vehicles through which Americans choose who governs them, and the power of the ballot is still the best lever ordinary citizens have in keeping public officials accountable. The Marketplace of Democracy considers different policy options for increasing the competition needed to keep American politics vibrant, responsive, and democratic. Contributors include Stephen Ansolabehere (MIT), William D. Berry (Florida State University), Bruce Cain (University of California–Berkeley), Thomas Carsey (Florida StateUniversity) James Gimpel (University of Maryland) John Hanley (UC–Berkeley), John Mark Hansen (University of Chicago), Paul S. Herrnson (University of Maryland) Gary Jacobson (University of California–San Diego) Thad Kousser (UC–San Diego), Frances Lee (Univer
Download or read book Economic Efficiency Versus Democracy written by Josef Drexl and published by . This book was released on 2016 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficiency approach, as advocated by the Chicago School in particular, only provides a very narrow approach to competition law analysis that relies on the preferences of consumers. This approach remains especially insufficient for the regulation of firms that provide citizens with politically relevant news and information. In times of digitisation, citizens increasingly rely on news disseminated by Internet intermediaries such as Facebook, Twitter or Google for making political decisions. Such firms design their business models and their algorithms for selecting the news according to a purely economic rationale. Yet recent research indicates that dissemination of news through social platforms in particular has a negative impact on the democratic process by favouring the dissemination of false factual statements, fake news and unverifiable conspiracy theories within closed communities and, ultimately, leads to radicalisation and a division of society along political and ideological lines. Experience based on the Brexit referendum in the UK and the recent presidential elections in the US highlights the ability of populist political movements to abuse the business rationale of Internet intermediaries and the functioning of their algorithms in order to win popular votes with their 'post-truth politics'. This article relies on competition law principles to discuss future approaches to regulating the market for political ideas at the interface of competition law and media law in the new digital age. Based on constitutional considerations the article rests on the assumption that media markets should not only provide news that responds best to the psychological predispositions and subjective beliefs of the individual citizen, but also provide correct information and diversity of opinion as a basis for making informed democratic decisions.
Download or read book Competition Law and SMEs written by Kim Kampel and published by . This book was released on 2004 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
