Rights versus Antitrust: Challenging the Ethics of Competition Law

Antitrust or competition law is widely considered an essential part of the legal and political structures of most liberal democracies, but Mark D. White argues that this understanding should be reconsidered. He suggests that the pre-eminent status accorded to the regulation of competition should be reconsidered by any government that claims to support basic property rights. This view of commerce sees firms as agents of the state rather than opportunities for individuals to pursue their interests in exchange with others.

Format: Paperback / softback
Length: 176 pages
Publication date: 08 February 2024
Publisher: Agenda Publishing

Antitrust, also known as competition law, holds a significant place in the legal and political frameworks of most liberal democracies, serving as a fundamental pillar of a market economy. However, in his book, Mark D. White challenges this prevailing notion, drawing upon concepts from economics, philosophy, and law to argue for a reevaluation of the preeminent status accorded to competition regulation.

Despite its origins in populist sentiments, antitrust is typically understood in economic terms, providing a robust foundation for analyzing market competition. According to this logic, governments intervene to restrict firms from engaging in behaviors deemed uncompetitive, with the primary objective of safeguarding consumers, other firms, or the very essence of competition itself. However, this approach neglects the fundamental property rights upon which the market economy is built, an unfortunate consequence of the utilitarian ethics at the core of economics. Firms are held accountable for promoting societal welfare and penalized for failing to do so, even when their actions do not violate recognized rights of consumers or competitors. This perspective on commerce views firms as instruments of the state rather than platforms for individuals to pursue their interests in mutually beneficial exchanges.

As White elucidates, competition or antitrust law serves as a poignant illustration of how economics prioritizes welfare and efficiency over rights and justice, fostering the maximization of outcomes while disregarding the rights of those who generate them. This book, accessible and devoid of technical jargon, assumes no prior knowledge of economics, philosophy, or law, offering a fresh and thought-provoking perspective on antitrust and competition law that will engage readers from diverse backgrounds.

Weight: 274g
Dimension: 155 x 234 x 17 (mm)
ISBN-13: 9781788217156