RETRACTED CHAPTER: Formalism in Competition

Georgios I. Zekos ()
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Georgios I. Zekos: International Hellenic University

Chapter Chapter 8 in Artificial Intelligence and Competition, 2023, pp 257-266 from Springer

Abstract: Abstract Formalism illustrates what it means to apply a rule, the vagueness of the most important statutory competition law provisions makes non-formalistic, purpose-based reasoning indispensable in forming more specific substantive legal tests turning into rule-like and applied formalistically. Moreover, formalism simplifies decision-making by only counting on the rule itself rather than the rationales underlying the rule. It is characteristic that the per se rule is a typical example of a legal formalism. The rule of reason in US antitrust law integrates conduct-specific rules that formalize the decision-making process.

Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:spr:conchp:978-3-031-48083-6_8

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DOI: 10.1007/978-3-031-48083-6_8

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