Bakhoum, Mor --- "Reflections on the Concepts of ‘Economic Freedom’, ‘Free Competition’ and ‘Efficiency’ from the Perspective of Developing Countries" [2012] ELECD 422; in Zimmer, Daniel (ed), "The Goals of Competition Law" (Edward Elgar Publishing, 2012)

Book Title: The Goals of Competition Law

Editor(s): Zimmer, Daniel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857936608

Section: Chapter 22

Section Title: Reflections on the Concepts of ‘Economic Freedom’, ‘Free Competition’ and ‘Efficiency’ from the Perspective of Developing Countries

Author(s): Bakhoum, Mor

Number of pages: 33

Extract:

22. Reflections on the concepts
of `economic freedom', `free
competition' and `efficiency' from
the perspective of developing
countries
Mor Bakhoum*

1 INTRODUCTION

`Law', as a science and a societal phenomenon, is not an abstract concept.
Although it has the function to define and regulate human relationships
and behaviours within a given society, at a given time, `time' and `place'
not only assign it specific goals, but also define and shape its evolution.
This is particularly true for competition law.1 History witnesses that the
competition laws of the European Union (EU) and the United States (US)
emerged and developed following specific goals at different points of time.
Initially, the European competition law emerged as a safeguard against
concentration of economic and political power and became the beacon of
the free participation in the market economy.2



* Dr iur, LLM (Lausanne/Chicago-Kent), Research Fellow, Max Planck
Institute for Intellectual Property and Competition Law, Munich. This chapter
is enriched by comments and insights from scholars to whom I am very grateful.
I would like to thank Michal Gal, David Gerber, Rupprecht Podszun, Wolfgang
Fikentscher, Andreas Heinemann and Josef Drexl for their constructive com-
ments. I would also like to thank Ruth Claussen and Anna Mattes for their valu-
able assistance in the finalization of this chapter.
1 For instance, for an analysis of how `time' and `place' can influence the

economic theory in competition law, see RJR Peritz, `Thinking about Economic
Progress: Arrow and Schumpeter in Time and Place' in J ...