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Formalism in Competition

In: Artificial Intelligence and Competition

Author

Listed:
  • Georgios I. Zekos

    (International Hellenic University)

Abstract

Formalism illustrates what it means to apply a rule, the vagueness of the most important statutory competition law provisions makes non-formalistic, purpose-based reasoning indispensable in forming more specific substantive legal tests turning into rule-like and applied formalistically. Moreover, formalism simplifies decision-making by only counting on the rule itself rather than the rationales underlying the rule. It is characteristic that the per se rule is a typical example of a legal formalism. The rule of reason in US antitrust law integrates conduct-specific rules that formalize the decision-making process.

Suggested Citation

  • Georgios I. Zekos, 2023. "Formalism in Competition," Contributions to Economics, in: Artificial Intelligence and Competition, chapter 0, pages 257-266, Springer.
    • Handle: RePEc:spr:conchp:978-3-031-48083-6_8
    DOI: 10.1007/978-3-031-48083-6_8
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