Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market

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Hart Publishing, 1997 - Law - 133 pages
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Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others?In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.
 

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Contents

Introduction
1
Protection of competition or of freedom
7
Todays Subtle Weapons
20
The Heritage of History
39
Abuse of a Dominant Position
65
Commission 1985 CMLR 282 66
66
Prohibitions of Dominant Position
78
NestlePerrier Case No IVM 190 1992 845
84
Drawing together the threads
95
The Dilemma of Liberal Democracy
109
Remia BV and others v Commission 1987
122
Index
130
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About the author (1997)

Giuliano Amato is Head of the Italian Antitrust Authority, Professor of Law at the European University Institute in Florence and a former Prime Minister of Italy.

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