As we celebrate 20 years of promoting dialogue and scholarship in competition law and antitrust economics, Concurrences is proud to present Why Competition? Voices from the Antitrust Community and Beyond. This anniversary book reflects on two decades of contributions to the global conversation on antitrust issues, marked by the publication of insightful essays and analyses from leading experts.


In a compelling collection titled Why Competition, over 100 leading figures from various fields offer their insights on the vital question: Why competition? Prominent contributors include Eleanor Fox (NYU) , Paulo Burnier Da Silveira (OECD), Mahmoud Momtaz (Egyptian Competition Authority), Andreas Mundt (German Competition Authority), Gina Cass-Gottlieb (Australian Competition Authority), Peter Freeman (UK Competition Appeal Tribunal), Reiko Aoki (Japan Fair Trade Commission), Olivier Guersent (European Commission), and Andrea Marván Saltiel (Mexican Competition Authority), and many more. Their perspectives explore the profound role competition plays in shaping global economies and advancing societal progress, offering fresh and original viewpoints that reflect the diversity of their experiences and expertise.


As we mark this milestone, we extend our heartfelt thanks to our contributors, readers, and the entire antitrust community who have supported Concurrences’s journey. Together, we have built a foundation of scholarship and discourse that Will continue to shape the future of competition law and economics for many years.



TABLE OF CONTENTS



Foreword



Editors’ Note



Publishers’ Note



List of Contributors



PART I: Foundations and Philosophical Insights on Competition



What is Competition? – The Meanings and Usefulness
of “Competition” as the Measure of Legality.
Eleanor M. Fox, New York University



“The tool is the message: Time to improve the antitrust toolbox”.
Michelle Meagher, University College London



The Prime Objective of Competition Laws.
Gönenç Gürkaynak, ELIG Gürkaynak Attorneys-at-Law



Viewing Competition: Power As a Lens.
David J. Gerber, Chicago-Kent College of Law



Some Reflections from Last Century.
Ian S. Forrester, Ian Forrester Consulting



The Law’s Answers to the Question: “Why Competition?”
Edward M. Iacobucci, University of Toronto



20 Years of Changes.
Olivier Guersent, European Commission’s Directorate-General for Competition



An Analysis of Why Competition.
Diane P. Wood, The University of Chicago



The Goals of Competition Law: Is “Consumer Welfare” Really Better Defined Than
“Competition as Such”?
Florian Wagner-von Papp, Helmut Schmidt University University of the Federal Armed
Forces in Hamburg (HSU)



Competition Policy, Anticompetitive Market Distortions, and Economic Welfare.
Alden F. Abbott, Mercatus Center at George Mason University



Why is Competition a Good Thing?
Luis Cabral, New York University



A Return to 1912: The Antitrust Center Will Not Hold.
Matt Stoller, Open Markets Institute



No Need to Bang on the Table.
Anthony M. Collins, General Court of the European Unión



Both Private and Public Powers Are Going Beyond Their Bounds – Let’s Keep an Eye on Both.
Giuliano Amato, Constitutional Court of Italy



About Competition Jurisdictional Control.
Hubert Legal, Council of the European Union



Competition Law in Question: Putting It into Perspective.
Frédéric Jenny, Organisation for Economic Co-operation and Development (OECD)



The Theory of the Free Market of Ideas.
Marcela Iacub, French National Centre for Scientific Research



The Market of Ideas.
Gaspard Koenig, GenerationLibre



PART II: Global Competition Challenges and Opportunities



Why Competition in Developing Countries? Key Challenges
from the Latin American experience
Paulo Burnier da Silveira, Organisation for Economic Co-operation and Development
(OECD)



The Indispensable Role of Antitrust Enforcement
in Less Developed Countries
Willard Mwemba, The COMESA Competition Commission



Amazon’s Pricing Algorithms and the Enforcement Response
in the US and Europe
Fiona M. Scott-Morton, Yale University



Financial Stability and Competition in the Single Market
Nadia Calviño, European Investment Bank, and Martin Merlin, European Commission



Why Competition? Case for Japan and Asia
Reiko Aoki, Japan Fair Trade Commission



Why Competition? Voice from China
Xiaoye Wang, Chinese Academy of Social Sciences



Competition Policy in Progressive Economic Transition Nations:
A Perspective from China
Huang Yong, University of International Business and Economics



Competition Policy Objectives and Beyond: The Case of Egypt
Mahmoud Momtaz and Rana Aref, Egyptian Competition Authority



Competition in Small Island Economies in Oceania:
What Regulatory Tools?
Stéphane Retterer, New Caledonia Competition Authority



Creating and Promoting Competitive Markets in Singapore – Perspectives from a Small
and Open Economy
Sia Aik Kor, Competition and Consumer Commission of Singapore



Competition Law in an Era of Deglobalization
Jan Blockx, University of Antwerp



Competition Policy in Mexico: A New Chapter
Andrea Marvan Saltiel, Mexican Competition Authority (COFECE)



Argentine Competition Policy: A Matter of Faith
Pablo Trevisán, Instituto de Derecho de la Competencia (IDC)



Why Competition? A Review of Competition Regulation in Africa:
Focusing on Key Competition Regimes in Sub-Saharan Africa
Francis Wang’ombe Kariuki, Bowmans



Competition Law in Need for Speed
Andreas Heinemann, University of Zúrich



Bureaucratic Politics in China’s Antitrust Enforcement
Angela Zhang, King’s College London



Possible Reform of Competition Law: Food for Thought to Improve
the Interplay between Merger Control and Other EU Policies
Pascal Belmin, Airbus



PART III: Enforcement and Market Regulation



Enforcing Competition Law – Finding the Right Balance
between Structure and Effect
Andreas Mundt, Federal Cartel Office (Bundeskartellamt)



Why Competition and Competition Law Enforcement
Jacques Steenbergen, KU Leuven



A ‘General’ Court in Name Only?
Ulf Öberg, General Court of the European Unión



Back To Basics: The Fight Against Cartels
Alexandre Cordeiro Macedo and Lílian Santos Marques Severino,
Administrative Council for Economic Defense (CADE)



Innovation Competition and Merger Policy: New? Not Sure.
Robust? Not Quite
Nicolas Petit, European University Institute



Minority Interests and Joint Shareholding:
A New Age of Enforcement?



Anne Wachsmann and Matthieu Blayney, Linklaters
The Optimal Competition Guide Stars – Economic Rationality,
Due Process
Abbott B. Lipsky, GMU Antonin Scalia Law School



“Policeman” or Arbitrator?
Bruno Lasserre, Commission for Access to Administrative Documents (CADA)



Enhanced Enforcement Across Instruments
Cani Fernández and Marisa Tierno, National Commission for Markets
and Competition (CNMC)



State Aid Control Protects Competition from the Distortionary Effect of State
Aid: But Does the Control of State Aid also Cause Distortions?
Phedon Nicolaides, University of Maastricht and the University of Nicosia,
and Alexander Rose, Commercial and Competition DWF



Does Improved Market Contestability Imply Higher Consumer Surplus?
Jorge Padilla and Salvatore Piccolo, Compass Lexecon



Why Antitrust? Antimonopoly in Europe
Barry Lynn, Open Markets Institute



Towards a Manageable Concept of Abuse of Dominance in the EU
Rupprecht Podszun, Heinrich Heine University



Who Guards the Guardians? The Role of Perception Surveys in Evaluating
Competition Authorities
Felipe Irarrázabal, CentroCompetencia (CeCo) of Universidad Adolfo Ibáñez



Form and Effects-Based Approaches: A Challenging Duality
in the Application of Article 102 TFEU
Ariel Ezrachi, University of Oxford



The General Court of the European Union on the Move
Laurent Truchot, General Court of the European Unión



Leniency Policies in Anti-Cartel Enforcement: Critical Review
Is Well Overdue
Caron Beaton-Wells, The Australia and New Zealand School of Government



Rating Agencies: How to Improve Them
Nicolas Véron, Bruegel



PART IV: The Digital Age: Competition and Innovation



Current Approaches to Antitrust Are Not Delivering
Robust Competition
Rod Sims, Australian National University



Why Competition? Innovation
Aurelien Portuese, The George Washington University



KFTC’s Response to Promote Competition in Digital Markets
Han Ki Jeong, Korea Fair Trade Commission



Artificial Intelligence Systems and Competition
Pierre Larouche, University of Montreal



From Cola to GAFAM: Defining Markets in Competition Law
and Sector-Specific Regulations
Christian Bovet, University of Geneva



Why Competition Matters (in Generative AI)?
Nuno Cunha Rodrigues, Portuguese Competition Authority



Digital Markets Act and Services of Artificial Intelligence
Andreas Schwab, European Parliament



Competition and Regulation in Digital Markets – Key Considerations and Principles
Krisztian Katona, Computer & Communications Industry Association (CCIA),
Washington, DC



Opening Up Social Networks: Thinking Beyond
the Current Framework
Jean Cattan, French Digital Council



Competition Policy in the Digital Era
David Bailey, King’s College London



Are Market Investigations a Suitable Tool for the Analysis
of Digital Markets?
Alejandra Palacios Prieto, University of Southern California (USC)



Should Digital Antitrust be Ordoliberal?
Alexandre de Streel, University of Namur



Reinforcing the Digital Markets Act: Merger Control
and Structural Remedies
Jens-Uwe Franck and Martin Peitz, University of Mannheim



State Support for Innovation: Time for Questions
Jean Pisani Ferry, Bruegel



PART V: Competition Policy as a Tool for Broader Societal Impact



Using Consumer Protection Law to Achieve Competition
Policy Goals



Darren Bush, University of Houston Law Center, and Spencer Weber Waller,
Loyola University



Chicago School of Law Is it the Advent of Fairness?
Marc Ivaldi and Connie Lee, Toulouse School of Economics, NERA



Universities, Competition, and Academic Values
Philip E. Ogden, Queen Mary University of London



Beyond Competition: What Is Needed to Make Markets
Work Well?
Alexis Walckiers, E.CA Economics



Why Competition Policy is Relevant to the Fight against Climate
Change and a Sustainable Future: What is the Problem
and What Are We Doing About It?
Simon Holmes, Competition Appeal Tribunal



The Multiple Objectives of Competition Law: Juggling Between Law and Politics
Marc van der Woude, General Court of the European Unión



The Multidimensional Impact of Competition Advocacy for the Creation of a Culture
of Free and Fair Competition
María Elena Vásquez Taveras, National Commission for the Defense of Competition
(Pro-Competencia)



Justice for All: The Role of Competition Law Beyond Consumer Protection
Samuel Chan, Hong Kong Competition Commission



Governance and Competition – The Case of Sports
Damien J. Neven, Graduate Institute of International and Development Studies
Petros C. Mavroidis, Columbia University



The Agricultural Bermuda Triangle: A Tale of Three Market Failures
Martijn Snoep, The Netherlands Authority for Consumers and Markets (ACM)



Competition Law: Solving or Dissolving the Social Question?
Jean-Pascal Chazal, Sciences Po



Corporate Funding for Antitrust Academics can be a Problem
Cyril Ritter, European Commission



Competition: A Catholic Perspective
Étienne Perrot, Jesuit priest



Competition in Judaism or the Balance of Hopes
Haim Korsia, Chief Rabbi of France



PART VI: Sector-Specific Insights and Emerging Trends



Why Competition in Food Markets? An Analysis of Recent Trends and Commodities expert
Teresa Moreira , Senior Competition expert, and Rodrigo Cárcamo-Díaz, Senior Economist



Generative AI, pyramids and legal institutionalism
Thibault Schrepel, Vrije University of Ámsterdam



A Consumer View of EU Competition Law: What’s Working, What Isn’t, and How This Can
Be Fixed
Agustin Reyna and Vanessa Turner, The European Consumer Organisation (BEUC)



Competition: Economics, Evidence, Policy and Ethics
Darren Brady Nelson, Center for Freedom and Prosperity



The Role of State Aid Rules in Ensuring a Level Playing Field, and the Impact of Recent Crises
Nicole Robins, Oxera Consulting



Recent Trends at the Court of Justice of the European Union
Nils Wahl, Court of Justice of the European Unión



Competition Law Institutions and Future Challenges
Imelda Maher and Mina Hosseini, UCD Sutherland School of Law



The Growing and Worrying Trend of Global Geopolitical Protectionism
Ioannis Kokkoris, Queen Mary University of London



Why Competition? Voices from the Antitrust Community and Beyond
Gina Cass Gottlieb, Australian Competition & Consumer Commission



Competition in Troubled Times
Jonathan Faull, Brunswick Group



Is it Time for Competition Authorities to Modernize Their Vision of the Consumer?
François Lévêque, Mines-ParisTech University PSL



State Aids, Banking Resolution and Quantitative Easing
Elie Cohen, National Centre for Scientific Research (CNRS)



Politics, Digital Innovation, Intellectual Property and the Futur of Competition Law
Josef Drexl, Max Planck Institute for Innovation and Competition



PART VII: Personal Reflections and Regional Experiences



Why Competition?
Calvin S. Goldman, Calvin Goldman Law



My Personal Competition Law Journey
Barry J. Rodger, University of Strathclyde



Why Has Competition Policy Played Such an Important Role in the EU for So Long?
Jean-François Bellis, Van Bael & Bellis



Is Competition Everything? The UK Experience
Peter Freeman, Competition Appeal Tribunal



Competition as Mechanism for Fostering a Cohesive and Effective Commercial System
Deborah Healey, The University of New South Wales



Competing To Be Competitive
Sir Philip Lowe, Oxera Consulting