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Competition and the State$
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D. Daniel Sokol, Thomas K. Cheng, and Ioannis Lianos

Print publication date: 2014

Print ISBN-13: 9780804789394

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804789394.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 13 April 2021

Privatization and Competition Policy

Privatization and Competition Policy

(p.15) Chapter 1 Privatization and Competition Policy
Competition and the State

Alexander Volokh

Stanford University Press

This chapter discusses the theory of privatization and its connection with competition policy. After discussing how, under certain assumptions, it is irrelevant whether an enterprise is public or private, this chapter explains how these assumptions might break down and what difference it makes. The desirability of privatization is affected by the existence of other policies such as good corporate law, antitrust, and other entry-promoting policies. Even if such policies do not exist, however, privatization can affect whether they end up being adopted. Moreover, privatization can be beneficial insofar as it helps to avoid certain anticompetitive regimes that govern public enterprise—for example, the antitrust state action doctrine, certain aspects of the dormant commerce clause, and government immunity doctrines.

Keywords:   privatization, competition, antitrust, corporate law, public enterprise, state action doctrine, dormant commerce clause, immunity

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