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Separation of Powers and Antitrust


Part of ASCL Studies in Comparative Law

  • Date Published: October 2023
  • availability: Available
  • format: Hardback
  • isbn: 9781009357258

£ 95.00

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About the Authors
  • 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.

    • Combines doctrinal method with illustrative case studies to make the theory accessible for readers without specialized training in antitrust or constitutional law
    • Includes interdisciplinary and multi-disciplinary perspectives, demonstrating how constitutional and antitrust principles can interact
    • Focuses on key digital platforms to provide readers with the keys to understanding the need for regulatory and antitrust reform
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    Product details

    • Date Published: October 2023
    • format: Hardback
    • isbn: 9781009357258
    • length: 200 pages
    • dimensions: 235 x 158 x 20 mm
    • weight: 0.5kg
    • availability: Available
  • Table of Contents

    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

  • Author

    Vincent Martenet, University of Lausanne
    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.

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