scholarly journals Ethical foundations of competitive order according to Walter Eucken

2017 ◽  
Vol 20 (6) ◽  
pp. 87-98
Author(s):  
Katarzyna Kamińska
Keyword(s):  
Competition Policy ◽  
Descriptive Analysis ◽  
Social Market Economy ◽  
Human Beings ◽  
Legal Doctrine ◽  
Basic Premise ◽  
Starting Point ◽  
Eu Competition Policy ◽  
Social Market ◽  
The Eu

Ordoliberalism is a German economic and legal doctrine, in which ethics occupies a privileged place. The basic premise is the freedom and responsibility of human beings. In contrast, the starting point for considering ordoliberalism as a doctrine is the economic, social and political order. The most prominent representative of ordoliberalism was Walter Eucken. Achievements of this outstanding economist as well as other representatives of this school underlay the concept of the German social market economy and the EU competition policy. The aim of this article is to present the concept of Eucken’s competitive order and describe its philosophical and ethical foundation. The article relies on descriptive analysis and literature studies.

The World. Challenges of the Global Crisis. Germany

2014 ◽  
pp. 38-52
Author(s):  
I. Semenenko ◽  
G. Irishin
Keyword(s):  
Economic Policy ◽  
Political Parties ◽  
Social Market Economy ◽  
The Political ◽  
Leadership Positions ◽  
Economy Model ◽  
Political Landscape ◽  
The World ◽  
Social Market ◽  
The Eu

The economic crisis of 2008–2009 highlighted new problems in the development of the German social market economy model and brought to the forefront the factors of its resilience that have ensured Germany’s leadership positions in the EU. Changes in economic policy have affected in the first place the energy and the financial sectors. Shifts in the political landscape have led to the appearance of new political parties. These changes have affected the results of the 2013 elections, the liberal democrats failure to enter the Bundestag has made the winner – CDU – seek new coalition partners.

scholarly journals Industry 4.0 Significance to competition and the EU competition policy

2020 ◽  
Vol 13 (3) ◽  
pp. 244-258
Author(s):  
Manuela Tvaronaviciene ◽  
Arunas Burinskas
Keyword(s):  
Competition Policy ◽  
Industry 4.0 ◽  
Eu Competition Policy ◽  
The Eu

Realizing the EU Social Market Economy through Law

2020 ◽  
pp. 231-246
Author(s):  
Vanessa Mak
Keyword(s):  
Environmental Protection ◽  
Market Economy ◽  
Legal Pluralism ◽  
Social Market Economy ◽  
Private Law ◽  
Normative Framework ◽  
Social Market ◽  
Political Economic ◽  
Opening Up ◽  
The Eu

This concluding chapter asserts that a case can be made for a strong legal pluralist theory of lawmaking in European private law. It takes a discursive approach, focusing on some aspects that require further consideration. The chapter considers how, and to what extent, the regulation of offline transactions is affected by the perceived shift towards legal pluralism. In addition, the chapter assesses which risks are posed to the instrumental-normative framework by political, economic, and social divides in the EU. Finally, the chapter closes with a reflection on the connections that could be made between certain fields such as citizens' rights as workers or in relation to environmental protection, opening up vistas for further research on lawmaking in European private law.

28. Introduction to EU competition policy

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Competition Policy ◽  
The European Union ◽  
The Social ◽  
Eu Competition Policy ◽  
Social Market ◽  
Market Economics

This chapter examines the competition policy in the European Union (EU), discusses the social market economics, and describes the structure and objectives of EU competition provisions and policy. It highlights the decentralisation of enforcement of competition policy. The chapter also explores policies on competition with third countries.

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

Competence Allocation in the EU Competition Policy System as an Interest-Driven Process

2005 ◽  
Vol 25 (3) ◽  
pp. 313-337 ◽  
Author(s):  
OLIVER BUDZINSKI ◽  
ANDT CHRISTIANSEN
Keyword(s):  
Competition Policy ◽  
Reform Process ◽  
Policy Enforcement ◽  
European Level ◽  
Business Associations ◽  
Policy System ◽  
Self Interest ◽  
Eu Competition Policy ◽  
The Eu ◽  
Cartel Policy

This paper provides a positive analysis of the evolution of competence allocation within the EU Competition Policy System. In the EU, competition policy competences are ascribed both to the European level and to each Member State. In regard to securing a sound antitrust system, the allocation and delimitation of these competences plays a major role. Accordingly, competence allocation has been a major issue in the recent reforms of cartel policy enforcement and merger control. Instead of normatively analysing the characteristics of optimal competence allocation, we positively identify the self-interest of the interacting groups of agents – European Commission and Courts, national authorities, business associations –  as a major-driving force of the reform process. We show that, as a consequence, the interest-driven outcomes of this process are largely ineffective and deficient – even if evaluated against the background of the publicly announced reform goals. This stands in accordance with longer-term patterns in competence allocation evolution in the EU Competition Policy System.

scholarly journals The Philosophy of Social Market Economy: Michel Foucault’s Analysis of Ordoliberalism

2018 ◽  
Vol 138 (2) ◽  
pp. 157-184
Author(s):  
Nils Goldschmidt ◽  
Hermann Rauchenschwandtner
Keyword(s):  
Market Economy ◽  
18Th Century ◽  
Social Market Economy ◽  
Jel Codes ◽  
Collège De France ◽  
General Importance ◽  
Starting Point ◽  
The Subject ◽  
Social Market ◽  
Philosophy And Economics

Abstract Michel Foucault’s lectures at the Collège de France in 1978–1979 centered on the analysis of power with regard to liberalism. Foucault especially focused on German ordoliberalism and its specific governmentality. Although Foucault’s review of the ordoliberal texts, programs, and books is very accurate there are some occasional “schematic” simplifications. Our article evaluates Foucault’s constitution of an ordoliberal “archive,” though more emphasis is placed on the general importance of the phenomenological orientation in Walter Eucken’s work. Hence, three tasks guide our paper: first, an analysis of Foucault’s position; second, the phenomenological foundation of ordoliberal discourse compared to 18th century liberal discourse, i.e. the way in which Walter Eucken received Husserl. Third, our article raises the subject of the mutual historical-epistemological complementation of philosophy and economics by taking Foucault’s analysis as the starting point. Furthermore, the consequences of a phenomenological, i.e. “eidetic” order of the economy, is discussed, focusing mainly on the expansion of competition in social domains. JEL Codes: B20, B29, B40

scholarly journals The Constitutional Limits of EU Competition Law—United in Diversity

2019 ◽  
Vol 64 (2) ◽  
pp. 235-283
Author(s):  
Chris Townley ◽  
Alexander H. Türk
Keyword(s):  
Competition Policy ◽  
Political Influence ◽  
The European Union ◽  
Member States ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules ◽  
Eu Competition Policy ◽  
Constitutional System ◽  
The Eu

The allocation of legislative and executive competences in multilevel governance structures affects who controls norms. Over the last two decades we see a general trend in EU law, towards “flexibility, mixity and differentiation.” Yet many think that EU competition policy and enforcement marches to a different tune. Competence is rarely discussed there and, when it is, most assume that uniformity is desirable. This article discusses the EU constitutional system as it relates to competition policy and enforcement. It investigates what choices the EU Treaties make about diversity. As with many constitutional arrangements, the EU Treaties sometimes leave space for others to decide. In these spaces we advocate answers, based on our understanding of the constitutional settlement between the EU and the Member States. This has major implications for, amongst others: the Commission’s power to relieve the Member States’ national competition authorities (NCAs) of their competence to apply Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU); the vires of EU merger control outside of the remit of Articles 101 and 102 TFEU; Commission efforts to make the NCAs more independent of political influence; and the resolution of conflicts between EU and national competition rules.

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