On the political nature of competition law : interview with Oles Andriychuk

Garnier, Maya and Andriychuk, Oles (2020) On the political nature of competition law : interview with Oles Andriychuk. Competition Forum: Law & Economics.

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    Abstract

    One of Oles’s latest research is questioning the political nature of competition law – a topic at the same time challenging yet a little provocative in this period of competition law turbulence. However, it goes without saying that there is a real need to address the subject: the link between law and politics is so obvious that we would be blind not to approach it. Law is political, and one speaks well about legislative and jurisprudential policies. However, we often like to believe competition law could have escaped this political aspect, thanks to the rationality of the economic science and the legal formalism on which its enforcement relies. Plus, it is commonly acknowledged that it necessary for competition law to be politically neutral as market regulation crystallizes political cleavages and thus implies, as a body of law, a duty of independence in the judgement process. In his work, Oles provides for a brilliant and critical analysis of the relationship between competition law and politics, questioning the assumption that today competition law is still neutral.