By Abayomi Al-Ameen
This ebook proposes a special method of theorising and analysing antitrust concerns, engaged on the idea that at this time, antitrust is addressed from top-down and slim views which in impression restrict the eye paid to or exclude matters which could rather be thought of. This reasoning is inspired by means of 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 procedure. normally, such an procedure must keep away from ex ante judgments concerning the suitability of the normative contents of antitrust legislation and theories, lest it fall into a similar seize that plagues conventional theories. As a potential answer, the writer proposes a procedural account often called the person-centred method (built on theories reminiscent of Sen’s potential) and punctiliously stories its practicality.
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Additional resources for Antitrust: The Person-centred Approach
Thus, it simply requires that antitrust terms are addressed from a broader perspective as the approach considers the traditional theories to be narrow and mistaken. Further, it should be noted that the person-centred approach should not be understood as an outright attack on the veracity of traditional theories. In an attempt to avoid the narrowness of contemporary antitrust theories, the person-centred approach requires a broad platform. However, the requirement of broadness is not an end in itself.
8 It is quite often said by some scholars that certain goals should not be pursued by antitrust authorities not because they are inappropriate but simply because it will increase the “workload” of staff and other related concerns. 9 Hayek (1944), p. 114. ”10 No matter how seemingly uncontroversial a rule might appear, it is not far-fetched to expect that substantive debates would arise at the stage of interpretation. We can thus wonder why we should be unduly fixated on rules especially where they may prejudice (some) antitrust interests.
36 Greenfield and Olsky (2007), p. 4. 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.