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1 - Introduction

Published online by Cambridge University Press:  29 January 2010

Helen Mercer
Affiliation:
University of Glasgow
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Summary

as a general principle of organisation I prefer the diffused initiative and quasi-automatism which go, or can be made to go, with private property and the market … This does not imply … any blind belief in the existence of economic harmonies. I have argued already that, within the present framework of law and institutions, I see no guarantee of good results from the free play of private interest. It does imply, however, the belief that, rather than to proceed by destroying the market and enterprise system, it is better to proceed by trying to improve it. It implies that, rather than stake all on the dubious prospects of overall collectivism, it is better to retain existing mechanisms, but to erect around them, so to speak, a system of laws and institutions within which they may be made to work the right way. It implies, that is to say, a belief, not in a spontaneously harmonious free enterprise, but rather in a deliberately constructed competitive order.

This idea of a competitive order is by no means a simple notion. It is not just trust-busting – although there are many ‘trusts’ which I would like to see bust. It involves the systematic revision of the whole apparatus of law and order – the law relating to patents, the law relating to restraint of trade, the law relating to limited liability and corporations, and many other branches of the law – with a view to creating conditions which tend to maintain effective competition, where it is technically possible, and to control monopoly in the public interest where technical conditions make monopoly inevitable. […]

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Constructing a Competitive Order
The Hidden History of British Antitrust Policies
, pp. 1 - 7
Publisher: Cambridge University Press
Print publication year: 1995

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  • Introduction
  • Helen Mercer
  • Book: Constructing a Competitive Order
  • Online publication: 29 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511582530.002
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  • Introduction
  • Helen Mercer
  • Book: Constructing a Competitive Order
  • Online publication: 29 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511582530.002
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.

  • Introduction
  • Helen Mercer
  • Book: Constructing a Competitive Order
  • Online publication: 29 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511582530.002
Available formats
×