By Abayomi Al-Ameen
This e-book proposes a unique method of theorising and analysing antitrust matters, engaged on the idea that at the moment, antitrust is addressed from top-down and slender views which in impression restrict the eye paid to or exclude concerns that can rather be thought of. This reasoning is prompted through the pursuit of inclusiveness and broadness within the antitrust context. The paintings contends that conventional top-down antitrust theories are susceptible simply because they're incomplete and inadequate of their description and research of antitrust concerns. hence, it identifies the necessity to build a bottom-up strategy. constantly, such an method must stay away from ex ante judgments concerning the suitability of the normative contents of antitrust legislation and theories, lest it fall into an identical catch that plagues conventional theories. As a potential answer, the writer proposes a procedural account often called the person-centred technique (built on theories similar to Sen’s potential) and punctiliously studies its practicality.
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Extra info for Antitrust: The Person-centred Approach
Andriychuk advocates for dialectical antitrust which would help in forging a systemic understanding of competing competition policy values. He states that dialectical antitrust explains the necessity of the “competitory process”. 73 Dialectical antitrust however allows that competition as an independent economic value “competes” with other public values such as consumer welfare. Thus, the fine-tuning required of the regulator should be such that it reflects the basic expectations and priorities of society.
As such, since even the best rules would inevitably require ex post interpretation, the aspiration of rule-bound justice is greatly undermined, Sunstein (1996), p. 121. 11 Sunstein (1996), p. 15. 12 Sunstein (1996), p. 15. 13 Posner (1976), pp. 231–236. 30 2 Person-Centred Approach drive discretion underground. 14 The likelihood that we might be inflicted with the downsides of rule-making in market-related issues is pretty high. As Joskow observes, the relationship between the wide arrays of market structures, organisational arrangements, transactional attributes and contractual arrangements in a market economy and the market performance indicia of concern are imperfectly understood from both the theoretical and empirical perspectives.
107–108. 8 It is quite often said by some scholars that certain goals should not be pursued by antitrust authorities not because they are inappropriate but simply because it will increase the “workload” of staff and other related concerns. 9 Hayek (1944), p. 114. ”10 No matter how seemingly uncontroversial a rule might appear, it is not far-fetched to expect that substantive debates would arise at the stage of interpretation. We can thus wonder why we should be unduly fixated on rules especially where they may prejudice (some) antitrust interests.