Separation of Powers and Antitrust

An innovative book on the concentration of power which examines the combined perspectives of separation of powers and antitrust in democracy.

Vincent Martenet (Author)

9781009357258, Cambridge University Press

Hardback, published 12 October 2023

242 pages
23.5 x 15.8 x 2 cm, 0.5 kg

'An important monograph' Jacob Kornbeck, Osterreichische Zeitschrift fiir Kartellrecht

Separation of powers and antitrust deal with power and occupy centre stage in our challenging, digital times, but their interactions have not yet been analysed. This timely and ground-breaking book provides an innovative cross-disciplinary analysis of the potential convergence of these two fields. Notably, Vincent Martenet examines the concentration of politico-economic power in the hands of a few digital firms which have adopted private regulation, impacting an entire industry and society at large. He combines doctrinal method with historical developments, case studies, assessment of legislative proposals, and observations on the functioning of digital markets and democracy in the digital era. The book sketches important new axes of the separation of powers and suggests that antitrust may contribute, albeit in a limited way, to greater trust in both society and democracy: 'antitrust for trust', the ultimate apparent antitrust paradox.

Introduction
Part I.: Foundations
Chapter 1. Power
Chapter 2. Economic Content of the Separation of Powers Theories?
Chapter 3. Political Content of Antitrust from a Historical Perspective
Chapter 4. Political Content of Antitrust in the Digital Era
Part II.: Interactions
Chapter 5. Separation of Powers in Antitrust
Chapter 6. Antitrust in Separation of Powers
Part III.: Toward a New Separation of Powers
Chapter 7. General Issues
Chapter 8. Promises and Shortcomings of Recent or Proposed Legislation
Chapter 9. New Politico-Economic Axes of the Separation of Powers
Chapter 10. New Institutional and Individual Axes of the Separation of Powers
Conclusion.

Subject Areas: Comparative law [LAM]