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The Global Limits of Competition Law$
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D. Daniel Sokol and Ioannis Lianos

Print publication date: 2012

Print ISBN-13: 9780804774901

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804774901.001.0001

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Limits of Imports from Economics into Competition Law

Limits of Imports from Economics into Competition Law

Chapter:
(p.39) 3 Limits of Imports from Economics into Competition Law
Source:
The Global Limits of Competition Law
Author(s):

Anne-Lise Sibony

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804774901.003.0004

Both competition authorities and scholars find competition rules based on “sound economics” desirable. Yet economics does not always provide ready-to-use solutions to problems faced by enforcement authorities and courts. Importing elements of economic discourse into the law requires some analytical work, if only because there may be several different ways to bring those elements to bear on a legal decision-making process. This chapter considers the factors that limit imports from economics into competition law. It looks at the technical choices that an importer of economics (court, competition authority) faces. Going back to basic legal categories of interpretation and proof, it highlights trade-offs that have to be made between different importing techniques.

Keywords:   competition rules, courts, enforcement authorities, competition law, economics

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