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1 - The Object of Inquiry

The Idea of a Competition–Democracy Nexus

from Part I - The Historical and Conceptual Foundations of the Competition–Democracy Nexus

Published online by Cambridge University Press:  21 November 2024

Elias Deutscher
Affiliation:
University of East Anglia School of Law
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Summary

This chapter introduces the idea of a competition–democracy nexus as the object of inquiry of the book and traces its intellectual trajectory across six centuries of legal, economic, and political thought. It shows how early manifestations of the idea of a competition–democracy nexus (competition–democracy nexus 1.0) took shape in the late 16th and early 17th century with the critique of monopoly by Thomas More, the early common lawyers and the English Leveller movement. It also recounts how early liberal thinkers, most notably Adam Smith, James Steuart and Montesquieu, celebrated the advent of competitive markets as a driving-force behind the transformation of the feudal order into a republican society. The chapter also analyses how the idea of a competition–democracy nexus (competition–democracy nexus 2.0) lay at the origin of US antitrust law and had an important bearing on various antitrust paradigms until the 1970s. The chapter further describes the emergence of the idea of a competition–democracy nexus as the central tenet of the German Ordoliberal School before and during the Second World War and its influence on the early days of EU competition law (competition–democracy nexus 3.0).

Type
Chapter
Information
Competition Law and Democracy
Markets as Institutions of Antipower
, pp. 13 - 52
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Object of Inquiry
  • Elias Deutscher, University of East Anglia School of Law
  • Book: Competition Law and Democracy
  • Online publication: 21 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009075817.004
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  • The Object of Inquiry
  • Elias Deutscher, University of East Anglia School of Law
  • Book: Competition Law and Democracy
  • Online publication: 21 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009075817.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Object of Inquiry
  • Elias Deutscher, University of East Anglia School of Law
  • Book: Competition Law and Democracy
  • Online publication: 21 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009075817.004
Available formats
×