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Wettbewerbsfreiheit, Per se Verbote und die Rule of Reason – Anmerkungen zum institutionenökonomisch-evolutionären Wettbewerbsleitbild
Freedom to compete, per se rules and the rule of reason – Remarks on the institutional-evolutionary concept for competition policy

  • Dieter Schmidtchen

    (Universität des Saarlandes)

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    Recently, Chr. Mantzavinos proposed a new concept for antitrust analysis drawing on theoretical developments in New Institutional Economics and Evolutionary Economics. Criticizing the policy prescriptions based on traditional microeconomics and welfare economics, Mantzavinos pleas for a rule-governed antitrust policy which mainly operates with per se rules. This paper argues that the criticism of the traditional foundations of antitrust is inadequate and that per se rules rarely work. Reality confounds the principle of per se illegality and prompted courts to use a de facto rule of reason.

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    File URL: http://www.bepress.com/cgi/viewcontent.cgi?article=1159&context=gwp
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    Paper provided by Berkeley Electronic Press in its series German Working Papers in Law and Economics with number 2006-1-1159.

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    Handle: RePEc:bep:dewple:2006-1-1159
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    1. Heiner, Ronald A, 1983. "The Origin of Predictable Behavior," American Economic Review, American Economic Association, vol. 73(4), pages 560-95, September.
    2. C. Mantzavinos, 2005. "Das institutionenökonomisch-evolutionäre Wettbewerbsleitbild," Journal of Economics and Statistics (Jahrbuecher fuer Nationaloekonomie und Statistik), Justus-Liebig University Giessen, Department of Statistics and Economics, vol. 225(2), pages 205-224, March.
    3. Dieter Schmidtchen & Roland Kirstein, . "Wettbewerb als Entdeckungsverfahren," German Working Papers in Law and Economics 2001-default/2001/1-1016, Berkeley Electronic Press.
    4. Kirstein, Roland & Schmidtchen, Dieter, 1997. "Judicial Detection Skill and Contractual Compliance," CSLE Discussion Paper Series 97-07, Saarland University, CSLE - Center for the Study of Law and Economics.
    5. Arndt Christiansen and Wolfgang Kerber & Wolfgang Kerber, 2006. "Competition Policy with Optimally Differentiated Rules Instead of "Per se Rules vs. Rule of Reason"," Marburg Working Papers on Economics 200606, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    6. Kirstein, Roland & Schmidtchen, Dieter, 2002. "Eigennutz als Triebfeder des Wohlstands: Die "invisible hand" - im Hörsaal-Experiment sichtbar gemacht," CSLE Discussion Paper Series 2002-01, Saarland University, CSLE - Center for the Study of Law and Economics.
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