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Ordo and European Competition Law

In: A Research Annual

Author

Listed:
  • Flavio Felice
  • Massimiliano Vatiero

Abstract

It is often “assumed,” even among well-informed lawyers and economists, that European competition law is an emulation of the US antitrust law because of American influence on European political and economic debates after the Second World War. However, such an assumption is disputable: in accordance with Professor Gerber, the competition law in Europe is an indigenous product based primarily on ideas developed in Germany by the so-called ordoliberal thought. In this respect, the article 102 TFEU may be considered a proof. The aims of this article are to furnish a critical examination of ordoliberal ideas of anticompetitive conducts and underline the relevance of ordoliberal thought for the development of the modern European competition law.

Suggested Citation

  • Flavio Felice & Massimiliano Vatiero, 2015. "Ordo and European Competition Law," Research in the History of Economic Thought and Methodology, in: A Research Annual, volume 32, pages 147-157, Emerald Group Publishing Limited.
    • Handle: RePEc:eme:rhetzz:s0743-415420140000032006
    DOI: 10.1108/S0743-415420140000032006
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    Citations

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    Cited by:

    1. Payal Malik & Neha Malhotra & Ramji Tamarappoo & Nisha Kaur Uberoi, 2019. "Legal Treatment of Abuse of Dominance in Indian Competition Law: Adopting an Effects-Based Approach," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 54(2), pages 435-464, March.
    2. Anna Gerbrandy, 2019. "Rethinking Competition Law within the European Economic Constitution," Journal of Common Market Studies, Wiley Blackwell, vol. 57(1), pages 127-142, January.
    3. Massimiliano Vatiero, 2015. "Dominant market position and ordoliberalism," International Review of Economics, Springer;Happiness Economics and Interpersonal Relations (HEIRS), vol. 62(4), pages 291-306, December.
    4. Jérôme Mathis & Wilfried Sand-Zantman, 2015. "Welfare Standards in Competition Policy," Working Papers hal-02316755, HAL.

    More about this item

    Keywords

    Ordoliberalism; Freiburg School; European competition law; market power; B13; B2; K21;
    All these keywords.

    JEL classification:

    • B13 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Neoclassical through 1925 (Austrian, Marshallian, Walrasian, Wicksellian)
    • B2 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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