Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System

The rule of populist governments is challenging the foundations of competition law in unprecedented ways. Maciej Bernatt proposes a new theoretical framework to measure and understand the illiberal influence of populism on competition law systems.

Format: Hardback
Length: 300 pages
Publication date: 24 February 2022
Publisher: Cambridge University Press

Competition law is a vital component of a consumer-friendly economy, aiming to foster fair and equitable market conditions. However, for the law to effectively achieve its goals, competition agencies and the courts responsible for overseeing them must enforce it impartially and consistently. Unfortunately, the rise of populist governments has posed unprecedented challenges to the foundations of competition law. In this comprehensive work, Maciej Bernatt delves into these challenges and explores how populist governments have influenced national and regional (EU) competition law systems. Through empirical findings from Poland and Hungary, Bernatt proposes a novel theoretical framework that seeks to measure and understand the illiberal influence of populism on competition law. This book will appeal to scholars in antitrust and constitutional law, as well as those concerned about the future of liberal democracy and free markets.

Populism, characterized by its emphasis on the interests of the common people and its opposition to established institutions, has had a significant impact on competition law. Populist governments often prioritize the protection of domestic industries and consumers over international competition, which can lead to the enforcement of policies that hinder fair trade and innovation. For example, in Poland and Hungary, populist governments have implemented policies that restrict the access of foreign companies to the local market, particularly in sectors such as agriculture and telecommunications. These policies have raised concerns about the potential for anti-competitive behavior and the erosion of consumer choice.

Furthermore, populist governments have often used the rhetoric of national security and economic protectionism to justify their actions. They may argue that foreign companies pose a threat to national security or that they are exploiting local workers and resources. This can lead to the adoption of policies that restrict trade and investment, particularly with countries perceived as competitors. For instance, in the United States, under the administration of President Donald Trump, the United States has imposed tariffs on imported steel and aluminum, citing national security concerns. These tariffs have led to concerns about the potential for trade wars and the impact on global economic growth.

Another challenge posed by populist governments is the erosion of trust in competition agencies and the courts. Populist leaders may undermine the independence and impartiality of these institutions by appointing officials who have conflicts of interest or by politicizing the selection of cases. This can lead to the perception that competition law is being used for political purposes rather than to promote fair competition. For example, in Hungary, the government has appointed officials who have close ties to the country's largest companies, raising concerns about the independence of the competition authority.

To address these challenges, it is important for competition law to be adaptable and responsive to changing political circumstances. Competition agencies and the courts must be independent and impartial, and they must be able to withstand political pressure and interference. Additionally, policymakers and legislators must prioritize the promotion of fair competition and the protection of consumer interests over short-term political gains. This can involve the development of policies that promote international trade and investment, as well as the enforcement of competition law in a transparent and consistent manner.

In conclusion, the rise of populist governments has posed unprecedented challenges to the foundations of competition law. While competition law is designed to promote a consumer-friendly economy, populist policies can undermine fair trade and innovation, and they can erode trust in competition agencies and the courts. To address these challenges, it is important for competition law to be adaptable and responsive to changing political circumstances, and for policymakers and legislators to prioritize the promotion of fair competition and the protection of consumer interests.

Weight: 538g
Dimension: 158 x 236 x 23 (mm)
ISBN-13: 9781108482837
Edition number: New ed