Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.
Rezensionen / Stimmen
'Maciej Bernatt's monograph on populism, democracy and antitrust is a fascinating and extraordinary treatment of a critical socio/economic/political problem that is touching much of the world today. The book is an erudite and accessible account of the rise and spread of autocratic populism, its corrosive effect on rule of law and democracy, an identification of the discontents that fan the flames and need attention, and wise institutional suggestions for conquering this serious challenge to democracy. Bernatt brings together the threads of politics and economics, of grass-roots factual detail with institutional capabilities and performance, and of paths for action, that has not been done before.' Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law 'This book tells the story of how populist governments marginalize, weaken and transform competition law enforcement. It contains a thorough analysis of recent events in Hungary and Poland to illustrate the impact that illiberal regimes have on both democracy and the economy and how this in turn incapacitates competition agencies. Looking forward the book explores the limited tools available to the European Commission to address this slippage in a Member State, but also how one can recover from this predicament. It is an engaging and thoughtful reflection on a phenomenon that may spread to other countries.' Giorgio Monti, Professor of Competition Law, Tilburg University 'Populism is on the rise all over the world. Within legal scholarship, the study of populism in power has mainly been the preserve of constitutional law, as well as the law of human rights and the European Union. This book offers a refreshingly new take on populism: it is the first monograph about the influence of populism on competition law and policy. As such, it is truly pathbreaking. But that is not its only virtue: the project is also impeccably designed and executed. Starting from the assumption - perfectly plausible - that in democratic countries competition law serves both markets and democracy, the Author shows how the rise of illiberal populism endangers both. This volume offers rich evidence for this thesis, looking carefully at issues ranging from the independence of competition agencies to judicial review, enforcement, regional systems, and plenty more in between. He pays special attention to the "usual suspects" in European populism in power - Poland and Hungary - but the scope of the analysis is much broader than that, with India, Venezuela and South Africa making their presence felt, among other countries and the European Union. A "must" item for anyone interested in the troubling nature of today's populism.' Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney '... a must read in the literature on the influence of politics in antitrust law and its enforcement.' Francisco E. Beneke Avila, International Review of Intellectual Property and Competition Law 'Bernatt avoids a populist study of populism and antitrust by engaging in an impressive methodical analysis of the manners in which the rule of populist governments challenges the foundations of competition law.' Or Brook, European Law Review
Reihe
Sprache
Verlagsort
Editions-Typ
Produkt-Hinweis
Illustrationen
Worked examples or Exercises
Maße
Höhe: 229 mm
Breite: 152 mm
Dicke: 15 mm
Gewicht
ISBN-13
978-1-108-71099-2 (9781108710992)
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Schweitzer Klassifikation
Maciej Bernatt is a Professor of the University of Warsaw. He holds a Habilitation, PhD and MA titles in law and a second MA title in international relations (political sciences). He is the director of the Centre for Antitrust and Regulatory Studies and the head of the Department of European Economic Law, Faculty of Management, University of Warsaw (Poland). He is also the Editor-in-Chief of the Yearbook of Antitrust and Regulatory Studies as well as the director of the ASCOLA Central Europe Chapter. He held several visiting fellow appointments at academic institutions in Australia, Germany, and the U.S. He has received several scholarships and research grants, among others, from the Polish-U.S. Fulbright Commission, the Max Planck Institute for Innovation and Competition, and the Polish National Science Centre. Maciej's research interests lie at the intersection of competition law and constitutional law, administrative law and EU law. His research builds on many years of professional experience gained at the Constitutional Tribunal, the Supreme Court of Poland and the Helsinki Foundation for Human Rights as well as broader interests in politics, economics and history.
Part 1. Background: Populism, Democracy, Economy: 1. Introduction; 2. Populism and its Relationship with Democracy and the Economy; Part 2. Populist Influence on Competition Law System: 3. Conceptualization of the Impact of Populism on Competition Law Systems; 4. Institutions; 5. Enforcement; Part 3. A Regional System: 6. A Regional System: The Case of the European Union; Part 5. Final Diagnosis and Prospects: 7. Conclusions and the Way Forward; Bibliography.
