The purpose of competition law and the structure of competition analysis

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Chapter 2 in The Conceptual Structure of EU Competition Law, 2024, pp 6-25 from Edward Elgar Publishing

Abstract: This chapter addresses the teleological questions of competition law from a structural perspective: what is the purpose of competition law and how does this teleology connect to the structure of competition analysis? Section 2.1 presents and resolves an apparent contradiction: competition law, on the one hand, idealizes the free market and, on the other, interferes with it. Section 2.2 presents and confronts the process- and outcome-based approaches and identifies those cases where they may lead to diverging outcomes. Section 2.3 examines whether EU competition law pursues and ought to pursue non-competition goals. Section 2.4 showcases the purpose of market integration and its impact on EU competition law. Section 2.5 presents how the telos of competition law connects with and informs the structure of competition analysis.

Keywords: Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2024
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