Description
Bloomsbury Publishing (UK) Competition Effects and Predictability: Rule of Law and the Economic Approach to Competition by Bruce Wardhaugh
This is the first book to explore the tension between Europe’s economic approach the US’s rule of reason and the rule of law in the legal analysis of competition cases. It shows that fault lines where these tension comes to the fore are most evident when looking at: - the assumptions in and choice of analytic method; - the institutional agents driving this effects-based approach and their competency to use and assess the results of the methodology they demand; - and the nature and stability of the legal principles used in modern effects-based competition analysis. Through a forensic examination of these flash points the book forcefully argues that this economic approach to competition law represents a threat to the rule of law. Controversial and thought-provoking this is an important new contribution to theory of competition law.