Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Fuchs, Andreas --- "Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law – Comment on Stucke" [2012] ELECD 403; in Zimmer, Daniel (ed), "The Goals of Competition Law" (Edward Elgar Publishing, 2012)

Book Title: The Goals of Competition Law

Editor(s): Zimmer, Daniel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857936608

Section: Chapter 3

Section Title: Characteristic Aspects of Competition and their Consequences for the Objectives of Competition Law – Comment on Stucke

Author(s): Fuchs, Andreas

Number of pages: 8

Extract:

3. Characteristic aspects of
competition and their consequences
for the objectives of competition law
­ comment on Stucke
Andreas Fuchs*

In his profound chapter Maurice Stucke raises three main questions: What
is competition? What are the objectives of competition law? How can these
goals be integrated into and promoted by the legal framework? Each part
1




of his chapter contains inspiring insights and interesting propositions.
Unfortunately, having only a limited time, I have to restrict my remarks to
some propositions or aspects which, in my view, ought to be in the centre
of our discussion.


1 NO NEED FOR A COMPREHENSIVE DEFINITION
OF COMPETITION

First, do we really need a definition of competition? Is it not sufficient
to have a general idea of how the complex phenomenon of competition
works in real world markets? In my view, we should not even try to define
competition comprehensively, but should be open to new insights, for the
diversity of factual conditions and situations, different modes of action
of the market participants. Stucke rightly points to the fact that neither
economists nor policymakers have reached a generally accepted definition
of competition yet. He seems to regret this, but finally he also comes to


* Dr iur (Göttingen), Professor of Law, University of Osnabrück, and Judge
at the Court of Appeals Celle, Germany.
This comment refers to the original (extended) version of the paper including
1




remarks on the objectives of competition law and their implementation into legal
rules. The longer article by Maurice ...