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Ordo and European Competition Law

Flavio Felice

Massimiliano Vatiero

ISBN: 978-1-78441-154-1, eISBN: 978-1-78441-153-4

Publication date: 18 April 2015

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.

Keywords

Acknowledgements

Acknowledgments

An earlier version of this chapter circulated as “Concealed Ordoliberal Inheritances.” This chapter has benefited from correspondences and conversations with David Gerber, Nicola Giocoli, and participants of 2013 conference of SIE (Italian Society of Economists). Authors also want to thank two anonymous referees and the editor of this review. The usual disclaimers apply.

Citation

Felice, F. and Vatiero, M. (2015), "Ordo and European Competition Law", A Research Annual (Research in the History of Economic Thought and Methodology, Vol. 32), Emerald Group Publishing Limited, Leeds, pp. 147-157. https://doi.org/10.1108/S0743-415420140000032006

Publisher

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Emerald Group Publishing Limited