Antitrust and the Multivalued Function of Competition

ISBN-13: 9781509956050 / Angielski / Twarda / 2022 / 240 str.

Luiz Felipe Rosa Ramos

Opis

Although our primary focus is Brazilian antitrust, we accept it as being deeply tangled with the international debate. This book argues that antitrust doctrine has not consolidated a concept of competition that is both (i) legally coherent (with antitrust statutes and decisional criteria) and (ii) socially adequate (to competition empirical manifestation and its modern imaginary). It asks three questions to illustrate this: what has been done? what is missing? what could be implemented? Taking Brazil as a case study, it also explores the question from a global perspective.

Spis treści

I – ANTITRUST GOALS AND COMPETITION Three snapshots of the “Antitrust Goals” debate Antitrust goals in the origins of antitrust A “paradox”, a “windy city” and a meaning of “competition” A contemporary debate Antitrust and competition in Brazilian legal discourse Is there an antitrust dogmatics? Three challenges Goals and competition in Brazilian antitrust doctrine. Goals and competition in CADE’s case law “External” sources Wealth maximization: from political philosophy to economic analysis Scarcity: from economic analysis to law and economics Competition: from law and economics to law and society II – COMPETITION AS A SOCIAL FORM A concurrent discourse about competition Classics of political economy and pioneers of a sociology of competition The 1940s: one “missing link” and two influential works The last forty years: sociological approaches to economics Competition in the Brazilian social thought Since colonial times? monopolies and the “other side” The phenomenon of competition: a “myth” in the tropics? Social forms in Brazilian self-descriptions Functional method and triadic competition Causality, functional approach and systems theory From the environment’s structure to the multivalued function Triadic competition, indirect audience and the Brazilian mirror III - BRINGING COMPETITION TO ANTITRUST Three cases: bread, hospital and taxes Collusion and triadic competition Mergers and intermediates Exclusionary conduct and the state-third Theoretical implications For antitrust: protecting competitive behavior beyond psychology For legal doctrine: producing socially adequate differences For legal sociology: the laughing third in nobody’s land