We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Presumptions, Standard of Harm, and the Error–Cost Framework
from Part II - The Operationalisation of the Competition–Democracy Nexus
Published online by Cambridge University Press: 21 November 2024
This chapter examines the specific features that made US antitrust and EU competition law particularly conducive to a republican understanding of economic liberty and translated the structural goal of preserving a polycentric market structure into concrete competition policy. It sheds light on how the ideal of republican liberty and the idea of a competition–democracy nexus were given shape through a specific legal modus operandi, such as the structure of legal commands, standards of assessments, and institutional principles. The chapter identifies the (i) extensive use of broadly construed rule-like presumptions of anticompetitiveness, a (ii) possibilist standard of harm, and (iii) a precautionary error–cost framework erring in the case of doubt on the side of over-deterrence (type I errors) as the main channels of republican antitrust in the US and EU. These legal filters can be considered the main parameters or policy levers of a distinctive republican approach towards antitrust law and policy.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
