Limits of Imports from Economics into Competition Law
(2012) The Global Limits of Competition Law — ISBN: [9780804774901], p. 39-53, published
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- This chapter is part of a volume on limits of competition law. It explores a particular type of limitations, which has not received the attention it deserves. These limits stem from finite legal technology and bear on imports from economics into competition law. There is usually more than one way to import any given element of economic wisdom into a court decision, but there is a finite number of options. Therefore, courts who are willing to take on economic arguments will have to make choices as to the most suited legal technique among those available. In this article, I offer a typology of available legal techniques and explain their respective characteristics in terms of three characteristics, which matter for importing economics: the degree of legal change implied, the flexibility of the importing technique and the degree of fidelity to economic reasoning. I argue that it is important that courts become aware of the choice-of-technique decisions they are making and that scholars consider this methodological dimension of competition law & economics.
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Sibony, A.-L. (2012). Limits of Imports from Economics into Competition Law. In Lianos, Ioanis Sokol, Daniel (ed.), The Global Limits of Competition Law (1st ed., p. p. 39-53). Stanford University Press. https://doi.org/10.1111/lest.12015_2