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Ex-ante versus Ex-post in competition law enforcement: Blurred boundaries and economic rationale

Author

Listed:
  • Bougette, Patrice
  • Budzinski, Oliver
  • Marty, Frédéric

Abstract

This paper explores the evolving landscape of competition law enforcement, focusing on the dynamic interplay between ex-ante and ex-post approaches. Amidst the digital transformation and regulatory shifts, traditional enforcement mechanisms are being re-evaluated. This study aims to dissect the economic rationale behind these shifts, proposing a hybrid framework that balances legal certainty with the flexibility needed to address contemporary market challenges. In particular, the analysis highlights the emergence of new competition policy approaches that combine regulatory-type interventions with strengthened enforcement strategies.

Suggested Citation

  • Bougette, Patrice & Budzinski, Oliver & Marty, Frédéric, 2025. "Ex-ante versus Ex-post in competition law enforcement: Blurred boundaries and economic rationale," International Review of Law and Economics, Elsevier, vol. 82(C).
    • Handle: RePEc:eee:irlaec:v:82:y:2025:i:c:s0144818825000201
    DOI: 10.1016/j.irle.2025.106264
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    More about this item

    Keywords

    Competition law enforcement; Ex-ante and Ex-post approaches; Anticompetitive practices; Merger control; Digital economy;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software
    • D47 - Microeconomics - - Market Structure, Pricing, and Design - - - Market Design

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