 Extant and Possible Tests of Antitrust IllegalityRichard S. Markovits ()
Chapter Chapter 3 in Welfare Economics and Antitrust Policy - Vol. I, 2021, pp 49-65 from Springer Abstract: Abstract This chapter delineates the tests of antitrust illegality promulgated by U.S. antitrust law and/or E.U. competition law as well as a number of other tests of antitrust illegality that could be promulgated. Section 3.1 provides operational definitions of the “basic” tests of antitrust illegality promulgated by U.S. antitrust law and/or E.U. competition law and delineates some “qualifications” to those tests that the relevant U.S. statutes or E.U. treaty provisions introduce. The basic tests in question are (1) a “specific-anticompetitive-intent” test of illegality, (2) a “lessening-competition” test of illegality, (3) a “distorting-competition” test of illegality, and (4) a seller-oriented “exploitative abuse of economic power” test of illegality. Footnotes to Sect. 3.1 list the various conduct-coverage and actor-coverage limitations of the legislation/treaty provisions that promulgate the tests in question. Section 3.2 articulates a number of alternative tests of antitrust illegality that could be promulgated—tests that focus on conduct’s or its prohibition’s impact on economic efficiency, liberal moral rights, or the instantiation of some morally-defensible conception of the moral good. Date: 2021 There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-79812-3_3 Ordering information: This item can be ordered from DOI: 10.1007/978-3-030-79812-3_3 Access Statistics for this chapter More chapters in Springer Books from Springer |
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