By Abayomi Al-Ameen
This e-book proposes a distinct method of theorising and analysing antitrust concerns, engaged on the basis that at the present, antitrust is addressed from top-down and slim views which in influence restrict the eye paid to or exclude matters which could rather be thought of. This reasoning is inspired through the pursuit of inclusiveness and broadness within the antitrust context. The paintings contends that conventional top-down antitrust theories are susceptible simply because they're incomplete and inadequate of their description and research of antitrust matters. hence, it identifies the necessity to build a bottom-up process. consistently, such an method must steer clear of ex ante judgments concerning the suitability of the normative contents of antitrust legislation and theories, lest it fall into a similar capture that plagues conventional theories. As a potential resolution, the writer proposes a procedural account often called the person-centred process (built on theories similar to Sen’s power) and thoroughly reports its practicality.
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Extra resources for Antitrust: The Person-centred Approach
37 Greenfield and Olsky (2007), p. 4. 4 The Person-Centred Requirements 35 A major irony of the automatic treble damages rule is that the uncompromising nature of such rule could weaken the system such that infringing companies may go unpunished. If one of the primary reasons necessitating treble damages is to deter, it does then appear to be counter-intuitive that the regime is even worsened as a result of the rule-based nature of the treble damages. Greenfield et al state in this regard that: it is impossible to divorce the question of remedies from the procedural and substantive standards that govern antitrust litigation.
1 Introduction Having established the deconstructability of prevailing antitrust theories in the preceding chapter, the imminent need to construct an alternative mode of antitrust analysis was established. An alternative mode was considered essential in order to meet the requirement of justice as inclusiveness. As potential candidates, Habermas’ discourse ethics and the person-centred approach, were identified. However, the discourse ethics proved inadequate as it fell under scrutiny. This left us to consider the other alternative—the person-centred approach.
Also, from a strictly conceptual angle, it is a less demanding way of ideating both substantive and procedural antitrust—it is less demanding because it helps to avoid the temptation to shoe-horn pre-determined theories into antitrust. Rather, it in fact aligns with the practical reality which is that there are varied interests which might legitimately seek protection in antitrust cases. In some sense, it could also be seen as a better approach because it embraces the complexity of antitrust interests and hence is a more realistic approach.