Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-l82ql Total loading time: 0 Render date: 2024-07-31T09:58:03.670Z Has data issue: false hasContentIssue false

10 - The Transformative Socio-Economic Effects of EU Competition Law

From Producerism to Consumerism

from Part III - The Transformation of the Law of Political Economy in Europe

Published online by Cambridge University Press:  18 April 2020

Poul F. Kjaer
Affiliation:
Copenhagen Business School
Get access

Summary

The function of EU competition law is seemingly apparent: to prohibit cartels amongst firms and combat the abuse of positions of economic dominance in order to ensure effective competition and, eventually, to maximise consumer welfare. What is less apparent are the more covert socio-economic ordering effects of this externally imposed legal system on institutions within EU Member States that may historically/culturally have organised economic sectors upon the basis of social logics that do not necessarily accord with the centrality of competition and its accompanying logics as a principle of social organisation. This may apply in particular to economic sectors that have historically been organised to serve producerist objectives or interests (an orientation of the state on the supply side of a market). A (economic) consumerist orientation is, by contrast, focussed on purposive rights and interests on the demand side of the market-in particular, primarily as an interest in competitive prices and choice for consumers. This chapter discusses this potential clash of organisational logics by reviewing how the structure and application of EU competition law may tilt EU Member States from producerist towards consumerist socio-economic orientations. It shall do so upon the basis of a critical reflection of attempts by the European Commission to “liberate” the liberal professions and more recent examples in The Netherlands that demonstrate how EU competition law may install a logic of consumer welfare as a primary principle of social organisation whenever firms co-operate to achieve public interest objectives.

Type
Chapter
Information
The Law of Political Economy
Transformation in the Function of Law
, pp. 254 - 275
Publisher: Cambridge University Press
Print publication year: 2020

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
×