Do competition agencies harm welfare?
Click here to read the full article onlineThis post continues a conversation initiated by an (in)famous post in this Concurrentialiste series, which set out the proposition that a well-functioning competition regime involves, amongst other things, the interplay between the legislature, executive, public authorities, universities, businesses, representative associations, and a well-informed, critical and unbiased media. Attention was placed on the “significant role…assigned to the competition lawyers.” And the question asked was whether “the behaviour of competition lawyers …militate[s] against competition law functioning as it should do.” That latter question generated a considerable response.1 And I have wondered whether the same question could and should not be asked of the other actors listed as being involved in a well-functioning competition regime. So, picking up the baton, the question I wish to be addressed is whether competition authorities act in ways that may be injurious to a properly functioning system of competition law?