Antitrust and the Multivalued Function of Competition

Luiz Felipe Rosa Ramos (Autor)

Buch | Hardcover

240 Seiten

2021
Nomos/Hart (Verlag)
978-1-5099-5605-0 (ISBN)

Infos

Although our primary focus is Brazilian antitrust, we accept it as being deeply tangled with the international debate. This book argues that antitrust doctrine has not consolidated a concept of competition that is both (i) legally coherent (with antitrust statutes and decisional criteria) and (ii) socially adequate (to competition empirical manifestation and its modern imaginary). It asks three questions to illustrate this: what has been done? what is missing? what could be implemented? Taking Brazil as a case study, it also explores the question from a global perspective.

Inhalt

I – ANTITRUST GOALS AND COMPETITION
Three snapshots of the “Antitrust Goals” debate
Antitrust goals in the origins of antitrust
A “paradox”, a “windy city” and a meaning of “competition”
A contemporary debate
Antitrust and competition in Brazilian legal discourse
Is there an antitrust dogmatics? Three challenges
Goals and competition in Brazilian antitrust doctrine.
Goals and competition in CADE’s case law
“External” sources
Wealth maximization: from political philosophy to economic analysis
Scarcity: from economic analysis to law and economics
Competition: from law and economics to law and society

II – COMPETITION AS A SOCIAL FORM
A concurrent discourse about competition
Classics of political economy and pioneers of a sociology of competition
The 1940s: one “missing link” and two influential works
The last forty years: sociological approaches to economics
Competition in the Brazilian social thought
Since colonial times? monopolies and the “other side”
The phenomenon of competition: a “myth” in the tropics?
Social forms in Brazilian self-descriptions
Functional method and triadic competition
Causality, functional approach and systems theory
From the environment’s structure to the multivalued function
Triadic competition, indirect audience and the Brazilian mirror

III - BRINGING COMPETITION TO ANTITRUST
Three cases: bread, hospital and taxes
Collusion and triadic competition
Mergers and intermediates
Exclusionary conduct and the state-third
Theoretical implications
For antitrust: protecting competitive behavior beyond psychology
For legal doctrine: producing socially adequate differences
For legal sociology: the laughing third in nobody’s land

Produkt-Details

• Erscheinungsdatum: 07.12.2021
• Verlagsort: Oxford
• Sprache: englisch
• Maße: 156 x 234 mm
• Gewicht: 542 g
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Wirtschaftsrecht ► Wettbewerbsrecht
• ISBN-10: 1-5099-5605-0 / 1509956050
• ISBN-13: 978-1-5099-5605-0 / 9781509956050
• Zustand: Neuware