Populism and Antitrust

Reviews / Votes

'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