The Influence of Economic Theories and Schools on Competition Law in terms of Vertical Agreements

Journal Title: Yearbook of Antitrust and Regulatory Studies - Year 2018, Vol 11, Issue 18

Abstract

The paper aims at showing the influence and the views espoused by economic theories and schools of economics on competition policy embedded in antitrust law and conducted by competition authorities in the field of vertical agreements. The scope of the paper demonstrates how substantially the economization of antitrust law has changed the assessment as to the harmfulness of vertical agreements. The analysis of economic aspects of vertical agreements in antitrust analysis allows one to reveal their pro-competitive effects and benefits, with the consumer being their beneficiary. The basic instrument of the said economization is that antitrust bodies draw on specific economic models and theories that can be employed in their practice. Within the scope of the paper, the author synthesizes the role and influence of those models and schools of economics on the application of competition law in the context of vertical agreements. In presenting, one after another, the theories and schools of economics which used to, or are still dealing with competition policy the author emphasises that in its nature this impact was more or less direct. Some of them remain at the level of general principals and axiology of competition policy, while others, in contrast, delineate concrete evaluation criteria and show how the application of those criteria changes the picture of anti-competitive practices; in other words, why vertical agreements, which in the past used to be considered to restrain competition, are no longer perceived as such. The paper presents the models and recommendations of neoclassical economics, the Harvard School, the Chicago and Post-Chicago School, the ordoliberal school, the Austrian and neo-Austrian school as well as the transaction cost theory.

Authors and Affiliations

Zbigniew Jurczyk

Keywords

Related Articles

Selectivity in Fiscal Aids: Recent Developments

The notion of fiscal aid is becoming crucial in determining the relationship between supra-national integration and national tax sovereignty; the selectivity criterion is often key in the assessment of compatibility of f...

Europeanisation of the Polish Leniency Programme

Leniency programmes in competition law make it possible to grant immunity from fines, or a reduction of any fine that would otherwise have been imposed on an undertaking who was a party to an unlawful agreement restricti...

Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles

The corporate human rights development was fueled by the increasing amount of fines imposed on both European and national level. For many years, the jurisprudence of the ECtHR has classified administrative, including com...

4th Polish-Portuguese PhD Students’ Conference on Competition Law. Białystok, 10 June 2016 (conference report)

The 4th Polish-Portuguese PhD Students’ Conference took place on 10 July 2016 in Białystok, Poland. The conference focused primarily on competition law issues in Portugal and Poland. It was organized b...

6th International PhD Students’ Conference on Competition Law. Białystok, 27 April 2017 (conference report)

The 6th International PhD Students’ Conference on Competition Law took place on 27 April 2017 in Białystok, Poland. It was organized by the Department of Public Economic Law at the Faculty...

Download PDF file
  • EP ID EP465746
  • DOI 10.7172/1689-9024.YARS.2018.11.18.6
  • Views 46
  • Downloads 0

How To Cite

Zbigniew Jurczyk (2018). The Influence of Economic Theories and Schools on Competition Law in terms of Vertical Agreements. Yearbook of Antitrust and Regulatory Studies, 11(18), 153-180. https://europub.co.uk/articles/-A-465746