Competition Law through an Ordoliberal Lens

Abstract

Ordoliberalism is a German school of economic thought that advocates regulation of the free market economy based on a set of state-imposed rules guaranteed by the economic constitution, to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and stateplanned economy for the better regulation of the market economy, where the goals are the protection of the competitive process and individual freedom. In this paper I submit that ordoliberalism, an indigenous European competition policy, is an adequate economic and analytical tool upon which to base the practice and decision-making of competition law. My aim is twofold: to contribute to the discussion on what ordoliberalism is, in general, and in particular concerning competition policy, and offer a fresh perspective on an ordoliberal-oriented competition policy.

Ordoliberal articulation of law-economy complex

“…4 The narrative about ordoliberalism should begin in the Weimar period of Germany. 5 In fact, ordoliberalism is essentially a primordial kind of replica on the explosion of crisis processes in the said period, as well as an expression of liberalism mutation. Classical forms of liberalism ("paleo-liberalism") are described as tragically inadequate to save freedom from the assault of its opponents.…”

“…2019). 5 On different phases, Beaud, O., Préface, Carl Schmitt ou la juriste engage, in: Schmitt, C., 1989, Théorie de la Constitution, Paris, Puf, p. 95. 6 Eucken, W., Die grundlagen der Nationalokonomie, Enzyklopadie der Rechts-und Staatswissenschaft, Berlin, Heidelberg, Springer- Verlag, 1959Verlag, (1939, IX. nomics.…”