By Abayomi Al-Ameen
This booklet proposes a distinct method of theorising and analysing antitrust matters, engaged on the basis that at the present, antitrust is addressed from top-down and slender views which in impact restrict the eye paid to or exclude matters which may rather be thought of. This reasoning is encouraged via the pursuit of inclusiveness and broadness within the antitrust context. The paintings contends that conventional top-down antitrust theories are vulnerable 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. continuously, such an procedure must keep away from ex ante judgments concerning the suitability of the normative contents of antitrust legislation and theories, lest it fall into an identical capture that plagues conventional theories. As a potential answer, the writer proposes a procedural account known as the person-centred technique (built on theories reminiscent of Sen’s potential) and thoroughly stories its practicality.
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Additional resources for Antitrust: The Person-centred Approach
4. 37 Greenfield and Olsky (2007), p. 4. 4 The Person-Centred Requirements 35 A major irony of the automatic treble damages rule is that the uncompromising nature of such rule could weaken the system such that infringing companies may go unpunished. If one of the primary reasons necessitating treble damages is to deter, it does then appear to be counter-intuitive that the regime is even worsened as a result of the rule-based nature of the treble damages. Greenfield et al state in this regard that: it is impossible to divorce the question of remedies from the procedural and substantive standards that govern antitrust litigation.
Johns Hopkins University Press, Baltimore Jacques D (1978) Writing and difference (trans: Bass A). University of Chicago Press, Chicago John KD (2007) The German social market economy – still) a model for the European Union? Theor Appl Econ 3(508):3 Kolm S-C (1996) Modern theories of justice. MIT, Cambridge, p 10 Lande R (1988) The rise and (coming) fall of efficiency as the ruler of antitrust. Antitrust Bull 33:429 References 21 Lind A, Tyler T (1988) The social psychology of procedural justice.
65 Alexy (2007b), p. 49. 66 Alexy (2007a), p. 362. 67 Heidemann (2007). 68 Alexy (1988), pp. 61–64. 69 Alexy (1988), pp. 61–64. 70 Heidemann (2007), p. 312. 71 In order to illustrate the practical difficulty and the potential for inherent subjectivity especially when applied in legal context, Andriychuk’s dialectic antitrust is hereby analysed. 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”.