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The influence of Ordoliberalism on Europian Competition Law

Publication at Faculty of Law |
2018

Abstract

The article explores influence of ordoliberal school of economic thinking, also known as Freiburg school of economic thought on the competition law and policy of European communities and later European Union. Methodology, brief history and members of the tradition shall be introduced, with particular focus and emphasis on Walter Eucken, the founder of the school, Franz Böhm, author of the school's competition policy / law drafts and F.

A. Hayek, who provides a connection between ordoliberalism and Austrian school of economics.

Basic insight into post-war German competition law will be provided to illustrate the effect it had on the competition law and policy of European communities. Separate evaluation of every competition policy field - abuse of dominance, cartels, merger and acquisition control and state subsidy control - will be provided with emphasis on distinct ordoliberal features in every field.

These points will be illustrated by relevant landmark cases. In conclusion will be discussed the influence that bears the current state of European Union competition policy.