Giovanni Pitruzzella

Constitutional Law and Competition Law: Is There More than Economic Efficiency?

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Abstract

The article examines the existing relationships between constitutional law and competition law, relationships that have been largely overlooked by legal scholarship, but which are particularly strong. Constitutional traditions influence the ways in which antitrust doctrines and principles are shaped. From this perspective the essay identifies some relevant differences between EU and US competition law. Finally, by drawing on some peculiarities of European constitutional traditions, the essay highlights how European competition law may have effects that go beyond the economic sphere to involve the very functioning of democracy.

Keywords

  • Competition Law
  • Constitutional Law
  • Constitutional Traditions
  • Economic Efficiency
  • Goals of Antitrust

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