Should EU competition law move towards a Neo-Brandeis approach?

Florian Kraffert

European Competition Journal, 2020, vol. 16, issue 1, 55-96

Abstract: The following essay deals with the core tenets of two competition philosophies, namely the Neo-Brandeis philosophy and the competition philosophy of the ‘more economic approach’ currently pursued by the EU. As the Neo-Brandeis school is a rather novel economic movement founded at the beginning of the 21st century, this essay will be the first to elaborate a competition theory based on its tenets, which could be used to structure the market in a way that serves the economic philosophy of the Neo-Brandeis movement. Besides this, the essay will also look at the core tenets of other economic philosophies and outline their guiding competition philosophy. It will be demonstrated that each competition philosophy has certain shortcomings that another philosophy would overcome, and that it is impossible to find a competition philosophy which could serve all expectations.

Date: 2020
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DOI: 10.1080/17441056.2019.1706396

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