Antitrust or competition law is widely considered an essential part of
the legal and political structures of most liberal democracies and an
integral foundation of a market economy. In this book, Mark D. White
disputes this understanding, drawing on concepts from economics,
philosophy, and law to argue that the pre-eminent status accorded to
the regulation of competition should be reconsidered by any government
that claims to support basic property rights. Despite its populist
origins, antitrust is usually understood today in terms of economic
theory, which provides a solid foundation for the analysis of market
competition. As this logic goes, governments restrict firms from
engaging in behaviour regarded as uncompetitive, with the purpose of
protecting consumers, other firms, or the very process of competition
itself. However, this neglects the fundamental property rights on
which the market economy is based, an unfortunate implication of the
utilitarian ethics at the heart of economics. Firms are held
responsible for promoting societal welfare and penalized for failing
to do so, even when their actions violate no recognized rights of
consumers or competitors. This view of commerce sees firms as agents
of the state rather than opportunities for individuals to pursue their
interests in exchange with others. As White explains, competition or
antitrust law serves as an example of how economics privileges welfare
and efficiency over rights and justice, promoting the maximization of
outcomes while ignoring the rights of those who generate them.
Accessible and non-technical, this book assumes no previous knowledge
of economics, philosophy, or law, and provides a fresh and
thought-provoking perspective on antitrust and competition law that
will challenge readers from all backgrounds and political stances to
question the degree to which its wisdom is taken for granted.
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Challenging the Ethics of Competition Law
Produktdetaljer
ISBN
9781788214346
Publisert
2023
Utgiver
Vendor
Agenda Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter