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Regulating Law$
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Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite

Print publication date: 2004

Print ISBN-13: 9780199264070

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264070.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 May 2021

Regulating Competition

Regulating Competition

(p.187) 9 Regulating Competition
Regulating Law

Imelda Maher

Oxford University Press

This chapter begins by exploring tension between a rule-based doctrinal conception of competition law, rooted in a private law conception of competition law, and an instrumental approach, emphasising the public ordering role of competition law. It then examines how competition law remains doctrinally distinctive in the light of its collision with other legal doctrines. Next, it sets out the extent to which competition law tends towards doctrinal consistency across jurisdictions both in the development of multilateral principles of competition in the World Trade Organization (WTO) and as a result of American antitrust influence. Finally, it examines the dependence of competition law on economic discourse, noting the limitations of that relationship. These limitations are due to the politics that underlies competition law and the choice of economic theory as well as the limited use made of quantitative economic analysis by courts.

Keywords:   competition law, World Trade Organization, American antitrust, private law, economic theory, public ordering

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