Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-05-20T03:47:06.174Z Has data issue: false hasContentIssue false

5 - Separation of Powers in Antitrust

from Part II - Interactions

Published online by Cambridge University Press:  28 September 2023

Vincent Martenet
Affiliation:
University of Lausanne
Get access

Summary

Firms are not organized in a monolithic way; their organizations include checks and balances imposed by various sources. Separation of powers may be used, by analogy, in antitrust matters, especially to define organizational remedies or commitments. The search for an analogy between separation of powers and antitrust starts intuitively with the power of an agency or court to break up or unbundle a firm and naturally follows with merger control. A more promising avenue for analogy, though, resides in the fact that firms sometimes possess, de facto, regulatory powers in an industry, raising concerns inter alia on their organization. The reflection on organizational remedies or commitments is premised on the need for additional checks and balances within or on dominant firms whose platforms have a significant impact on society or democracy. It may ultimately lead to the creation of platform assemblies or parliaments. Finally, antitrust may also be raised as an argument or a defense to avoid or reduce sanctions and to get a merger approved.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×