Gal, Michal S. --- "Convergence of Competition Law Prohibitions: Foundational Issues" [2009] ELECD 200; in Drexl, Josef; Idot, Laurence; Monéger, Joël (eds), "Economic Theory and Competition Law" (Edward Elgar Publishing, 2009)

Book Title: Economic Theory and Competition Law

Editor(s): Drexl, Josef; Idot, Laurence; Monéger, Joël

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206312

Section: Chapter 11

Section Title: Convergence of Competition Law Prohibitions: Foundational Issues

Author(s): Gal, Michal S.

Number of pages: 15

Extract:

11. Convergence of competition law
prohibitions: foundational issues
Michal S Gal*

1 INTRODUCTION

The increased role of economic analysis in competition law raises a host of
interesting issues regarding the goals and foundations of competition law
as well as their effects on competition rules. One such issue, addressed by
Professor Eilmansberger in his comprehensive and thoughtful chapter,
relates to the convergence of the prohibitions on restrictive agreements and
unilateral restraints in light of a more economics-oriented approach that
strives to increase consumer welfare.1 The first part of this chapter
addresses some of the issues raised in Professor Eilmansberger's chapter
and goes a bit beyond it, mostly supplementing rather than contradicting
it. Yet, as the language of the Treaty of Rome indicates, EC competition
law is based on at least one additional foundation: fairness in market rela-
tions, which is sometimes viewed as contradictory to pure economic con-
siderations. Accordingly, the second part of this chapter offers some
preliminary thoughts with regard to the role of fairness in EC competition
law at its incipiency and its relationship with the more economics-oriented
approach.


* LL.B., LL.M., S.J.D. Associate Professor, Haifa University School of Law;
Global Hauser Visiting Professor, NYU School of Law. Many thanks to Adi Eyal
for most thoughtful comments. The second part of this chapter is part of the
author's ongoing research on the subject of fairness in competition law. For this
part, the author would like to thank Professors Drexl, Engel, ...