Populism and Antitrust
The Illiberal Influence of Populist Government on the Competition Law System

Populism and Antitrust examines the influence of populism on competition law and shows how populism can lead to illiberal changes.

Maciej Bernatt (Author)

9781108482837, Cambridge University Press

Hardback, published 24 February 2022

300 pages
23.5 x 15.7 x 2.1 cm, 0.54 kg

'Populism is on the rise all over the world. Within legal scholarship, the study of populism in power has mainly been the preserve of constitutional law, as well as the law of human rights and the European Union. This book offers a refreshingly new take on populism: it is the first monograph about the influence of populism on competition law and policy. As such, it is truly pathbreaking. But that is not its only virtue: the project is also impeccably designed and executed. Starting from the assumption - perfectly plausible - that in democratic countries competition law serves both markets and democracy, the Author shows how the rise of illiberal populism endangers both. This volume offers rich evidence for this thesis, looking carefully at issues ranging from the independence of competition agencies to judicial review, enforcement, regional systems, and plenty more in between. He pays special attention to the “usual suspects” in European populism in power - Poland and Hungary - but the scope of the analysis is much broader than that, with India, Venezuela and South Africa making their presence felt, among other countries and the European Union. A “must” item for anyone interested in the troubling nature of today's populism.' Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney

Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.

Part 1. Background: Populism, Democracy, Economy: 1. Introduction
2. Populism and its Relationship with Democracy and the Economy
Part 2. Populist Influence on Competition Law System: 3. Conceptualization of the Impact of Populism on Competition Law Systems
4. Institutions
5. Enforcement
Part 3. A Regional System: 6. A Regional System: The Case of the European Union
Part 5. Final Diagnosis and Prospects: 7. Conclusions and the Way Forward
Bibliography.

Subject Areas: Competition law / Antitrust law [LNCH], Comparative law [LAM], Comparative politics [JPB]