Antitrust: The Person-centred Approach

✍ Scribed by Abayomi Al-Ameen (auth.)

• Publisher: Springer International Publishing
• Year: 2014
• Tongue: English
• Leaves: 226
• Edition: 1
• Category: Library

✦ Synopsis

This book proposes a different approach to theorising and analysing antitrust issues, working on the premise that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit the attention paid to or exclude issues that could otherwise be considered. This reasoning is motivated by the pursuit of inclusiveness and broadness in the antitrust context. The work contends that traditional top-down antitrust theories are weak because they are incomplete and insufficient in their description and analysis of antitrust issues. Thus, it identifies the need to construct a bottom-up approach. Invariably, such an approach would have to avoid ex ante judgments about the suitability of the normative contents of antitrust laws and theories, lest it fall into the same trap that plagues traditional theories. As a possible solution, the author proposes a procedural account referred to as the person-centred approach (built on theories such as Sen’s Capability) and carefully reviews its practicality.

✦ Table of Contents

Front Matter....Pages i-xiii
Antitrust: The “Other” Mode of Analysis....Pages 1-21
Person-Centred Approach....Pages 23-52
Antitrust Rights....Pages 53-77
Capability Approach: The Framework for the Person-Centred Analysis....Pages 79-136
Antitrust Pluralism and Justice....Pages 137-176
Person-Centred Approach and Antitrust Enforcement....Pages 177-202
Conclusion....Pages 203-208
Back Matter....Pages 209-214

✦ Subjects

Private International Law, International & Foreign Law, Comparative Law; Theories of Law, Philosophy of Law, Legal History; International Economic Law, Trade Law; European Law; Economic Theory