Are Competition Officials Abandoning Competition Principles

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Enforcers have universally agreed that competition laws should protect competition rather than competitors, rely on sound economics and evidence, protect due process, tailor remedies to the underlying harm, and avoid discrimination on non-competition grounds.

While competition officials have a duty to safeguard these principles, examination of new regulatory proposals aimed at platform markets (including those in the EU, US and Germany) shows that they may be failing to do so.

Competition officials should insist that competition-related regulatory proposals fully respect fundamental principles before endorsing proposals that threaten to advance political, social engineering or industrial policy objectives.