Abstract

The relationship between the power and the market represents one of the main topics of the Ordoliberalist thought: from Walter Eucken to Hans Großmann-Doerth and Franz Böhm. In particular, Böhm's contribution to the discussion of the juridical relevance of the different market forms focuses on the issue concerning the forming of private power as a result of an asymmetry produced by the monopolistic struggle, intended as a process, not as a static position of power. This struggle undermines the basis of competition, one of the pillars of the democratic political system. Therefore, in order to contain this threat, Böhm deems essential to define a politics of law, overcoming the traditional barriers between private and public law, and between law and economics. This overcoming finds its synthesis in the concept of economic constitution.