Competition law constitutes part of broader policies. Thus, in addition to the pursuit of
efficiency, competition law expresses non-efficiency concerns. The paper will explore the theoretical perspectives as to the objectives of competition law; analyze the practical aspects that implementation of non-efficiency objectives entail; and suggest a framework for implementation of non-efficiency objectives within competition law. As will be argued, non-efficiency objectives should – to varying degrees along the axes of time, place and circumstances - play a meaningful role in competition analysis. The primary assertion of the paper will be that competition law ought to consistently strive to outline the contours
of those axes. Such contours should be drawn primarily on the basis of the potential
adverse effects of the restrictive trade practice upon efficiency, as compared to the
potential public benefit that may stem from the practice, as well as upon the circumstances that prevail within the jurisdiction.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/17173 |
| Date | 24 February 2009 |
| Creators | Green, Ofer |
| Contributors | Katz, Ariel |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
| Format | 1148745 bytes, application/pdf |
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