Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System

Author:   Maciej Bernatt
Publisher:   Cambridge University Press
Edition:   New edition
ISBN:  

9781108482837


Pages:   300
Publication Date:   24 February 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System


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Author:   Maciej Bernatt
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Edition:   New edition
Dimensions:   Width: 15.70cm , Height: 2.10cm , Length: 23.50cm
Weight:   0.540kg
ISBN:  

9781108482837


ISBN 10:   110848283
Pages:   300
Publication Date:   24 February 2022
Audience:   General/trade ,  General
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Part 1. Background: Populism, Democracy, Economy: 1. Introduction; 2. Populism and its Relationship with Democracy and the Economy; Part 2. Populist Influence on Competition Law System: 3. Conceptualization of the Impact of Populism on Competition Law Systems; 4. Institutions; 5. Enforcement; Part 3. A Regional System: 6. A Regional System: The Case of the European Union; Part 5. Final Diagnosis and Prospects: 7. Conclusions and the Way Forward; Bibliography.

Reviews

'Maciej Bernatt's monograph on populism, democracy and antitrust is a fascinating and extraordinary treatment of a critical socio/economic/political problem that is touching much of the world today. The book is an erudite and accessible account of the rise and spread of autocratic populism, its corrosive effect on rule of law and democracy, an identification of the discontents that fan the flames and need attention, and wise institutional suggestions for conquering this serious challenge to democracy. Bernatt brings together the threads of politics and economics, of grass-roots factual detail with institutional capabilities and performance, and of paths for action, that has not been done before.' Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law 'This book tells the story of how populist governments marginalize, weaken and transform competition law enforcement. It contains a thorough analysis of recent events in Hungary and Poland to illustrate the impact that illiberal regimes have on both democracy and the economy and how this in turn incapacitates competition agencies. Looking forward the book explores the limited tools available to the European Commission to address this slippage in a Member State, but also how one can recover from this predicament. It is an engaging and thoughtful reflection on a phenomenon that may spread to other countries.' Giorgio Monti, Professor of Competition Law, Tilburg University 'Populism is on the rise all over the world. Within legal scholarship, the study of populism in power has mainly been the preserve of constitutional law, as well as the law of human rights and the European Union. This book offers a refreshingly new take on populism: it is the first monograph about the influence of populism on competition law and policy. As such, it is truly pathbreaking. But that is not its only virtue: the project is also impeccably designed and executed. Starting from the assumption - perfectly plausible - that in democratic countries competition law serves both markets and democracy, the Author shows how the rise of illiberal populism endangers both. This volume offers rich evidence for this thesis, looking carefully at issues ranging from the independence of competition agencies to judicial review, enforcement, regional systems, and plenty more in between. He pays special attention to the “usual suspects” in European populism in power - Poland and Hungary - but the scope of the analysis is much broader than that, with India, Venezuela and South Africa making their presence felt, among other countries and the European Union. A “must” item for anyone interested in the troubling nature of today's populism.' Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney


'Maciej Bernatt's monograph on populism, democracy and antitrust is a fascinating and extraordinary treatment of a critical socio/economic/political problem that is touching much of the world today. The book is an erudite and accessible account of the rise and spread of autocratic populism, its corrosive effect on rule of law and democracy, an identification of the discontents that fan the flames and need attention, and wise institutional suggestions for conquering this serious challenge to democracy. Bernatt brings together the threads of politics and economics, of grass-roots factual detail with institutional capabilities and performance, and of paths for action, that has not been done before.' Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law 'This book tells the story of how populist governments marginalize, weaken and transform competition law enforcement. It contains a thorough analysis of recent events in Hungary and Poland to illustrate the impact that illiberal regimes have on both democracy and the economy and how this in turn incapacitates competition agencies. Looking forward the book explores the limited tools available to the European Commission to address this slippage in a Member State, but also how one can recover from this predicament. It is an engaging and thoughtful reflection on a phenomenon that may spread to other countries.' Giorgio Monti, Professor of Competition Law, Tilburg University 'Populism is on the rise all over the world. Within legal scholarship, the study of populism in power has mainly been the preserve of constitutional law, as well as the law of human rights and the European Union. This book offers a refreshingly new take on populism: it is the first monograph about the influence of populism on competition law and policy. As such, it is truly pathbreaking. But that is not its only virtue: the project is also impeccably designed and executed. Starting from the assumption - perfectly plausible - that in democratic countries competition law serves both markets and democracy, the Author shows how the rise of illiberal populism endangers both. This volume offers rich evidence for this thesis, looking carefully at issues ranging from the independence of competition agencies to judicial review, enforcement, regional systems, and plenty more in between. He pays special attention to the usual suspects in European populism in power - Poland and Hungary - but the scope of the analysis is much broader than that, with India, Venezuela and South Africa making their presence felt, among other countries and the European Union. A must item for anyone interested in the troubling nature of today's populism.' Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney


Author Information

Maciej Bernatt is a Professor of the University of Warsaw. He holds a Habilitation, PhD and MA titles in law and a second MA title in international relations (political sciences). He is the director of the Centre for Antitrust and Regulatory Studies and the head of the Department of European Economic Law, Faculty of Management, University of Warsaw (Poland). He is also the Editor-in-Chief of the Yearbook of Antitrust and Regulatory Studies as well as the director of the ASCOLA Central Europe Chapter. He held several visiting fellow appointments at academic institutions in Australia, Germany, and the U.S. He has received several scholarships and research grants, among others, from the Polish-U.S. Fulbright Commission, the Max Planck Institute for Innovation and Competition, and the Polish National Science Centre. Maciej's research interests lie at the intersection of competition law and constitutional law, administrative law and EU law. His research builds on many years of professional experience gained at the Constitutional Tribunal, the Supreme Court of Poland and the Helsinki Foundation for Human Rights as well as broader interests in politics, economics and history.

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