We protect competition:

you protect competitors

Autores

  • Eleanor M. Fox

Palavras-chave:

competition, exploitative of consumers

Resumo

It is often said that antitrust law protects competition and consumers; it does not protect competitors. It is further argued
that, when particular conduct or a transaction does not exploit consumers, antitrust enforcement against it protects competitors from competition. This was the rhetoric in the aftermath of GE/Honeywell, a merger cleared by the American authorities and prohibited by the European authorities. A chorus of American critics said of the European Commission: You protect competitors; we protect competition. This essay examines the conclusion that if conduct or a transaction is not output-limiting and exploitative of consumers, it must be efficient and antitrust action against it protects competitors.

Biografia do Autor

Eleanor M. Fox

Walter J. Derenberg Professor of Law at New York University School of Law;
Member of the Board of Directors and the Executive Committee of the Lawyers’ Committee for Civil Rights Under Law;
Director of the American Foreign Law Association;
Frequent visitor and lecturer at the Competition Directorate of the European Commission.

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Publicado

2021-05-19