Functions, Objectives and Uses of Competition Law for the Market Economy in a Polycrisis Society
(2026) Journal of Antitrust Enforcement — (2027)
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- (en) This article examines the functions, objectives and uses of competition law through the lens of legal theory in order to clarify its role within the market economy and its contribution to society in a context marked by an unfolding polycrisis. Drawing on François Ost’s framework, the analysis shows that competition law—like law in general—binds, limits and measures social relationships, pursues intrinsic and extrinsic aims, and is strategically mobilised by public and private actors. Applied to competition law, this triadic structure reveals a dialogical dynamic: one of complementarity when the law integrates economic, social, democratic and environmental considerations; one of competition when narrow efficiency‑driven interpretations constrain its broader purposes; and one of antagonism when intrinsic and/or extrinsic aims encroach upon and distort its proper functions. The article argues that, in a polycrisis society, competition law should not merely expand the list of objectives it pursues, but should reorient its functions, objectives, and uses toward a clearly specified societal horizon. Through the thought experiment of a hypothetical post-growth society, it proposes that competition law should be directed toward non-domination, ecological balance and the protection of vulnerable consumers.
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Dussauge, O. (2026). Functions, Objectives and Uses of Competition Law for the Market Economy in a Polycrisis Society. Journal of Antitrust Enforcement. Accepted/in-press. https://hdl.handle.net/2078.5/282130 (Original work published 2027)