When the State Harms Competition ― The Role for Competition Law

Posted by D. Daniel Sokol

Eleanor M. Fox, New York University School of Law and Deborah Healey, University of New South Wales (UNSW) – Faculty of Law offer an interesting new work When the State Harms Competition ― The Role for Competition Law

ABSTRACT: This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral relationship between them. The authors surveyed 32 jurisdictions and found that antitrust/competition laws of a number of jurisdictions condemned certain state acts and measures. This article describes and summarizes the research and combines the research findings with conceptual analysis to recommend relevant rules and principles that might be adopted as recommended principles and included in a model modern competition law.