Martenet Separation of Powers and Antitrust

Erscheinungsjahr 2023
ISBN: 978-1-009-35724-1
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch

Reihe: ASCL Studies in Comparative Law

Separation of powers and antitrust deal with power and occupy centre stage in our challenging, digital times, but their interactions have not yet been analysed. This timely and ground-breaking book provides an innovative cross-disciplinary analysis of the potential convergence of these two fields. Notably, Vincent Martenet examines the concentration of politico-economic power in the hands of a few digital firms which have adopted private regulation, impacting an entire industry and society at large. He combines doctrinal method with historical developments, case studies, assessment of legislative proposals, and observations on the functioning of digital markets and democracy in the digital era. The book sketches important new axes of the separation of powers and suggests that antitrust may contribute, albeit in a limited way, to greater trust in both society and democracy: 'antitrust for trust', the ultimate apparent antitrust paradox.

Autoren/Hrsg.

Martenet, Vincent

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Introduction; Part I.: Foundations; Chapter 1. Power; Chapter 2. Economic Content of the Separation of Powers Theories?; Chapter 3. Political Content of Antitrust from a Historical Perspective; Chapter 4. Political Content of Antitrust in the Digital Era; Part II.: Interactions; Chapter 5. Separation of Powers in Antitrust; Chapter 6. Antitrust in Separation of Powers; Part III.: Toward a New Separation of Powers; Chapter 7. General Issues; Chapter 8. Promises and Shortcomings of Recent or Proposed Legislation; Chapter 9. New Politico-Economic Axes of the Separation of Powers; Chapter 10. New Institutional and Individual Axes of the Separation of Powers; Conclusion.

Über Autor(innen)

Martenet, Vincent
Vincent Martenet is the Dean of the Faculty of Law, Criminal Sciences and Public Administration at the University of Lausanne where he teaches Swiss and comparative constitutional law, as well as competition law. He has occupied various positions at the Swiss Competition Commission, which he chaired from July 2010 until December 2017, and is currently a Deputy Justice at the Supreme Court of Switzerland. His fields of interest include constitutional law, comparative public law, and competition law.