Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System

ISBN-13: 9781108482837 / Angielski / Twarda / 2022 / 300 str.

Maciej Bernatt

Opis

Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.

Recenzje

'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

Spis treści

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.