About the Author(s)

Patrice Bougette is a Professor of Economics at the Université Côte d'Azur in Nice, France.

Oliver Budzinski

Oliver Budzinski is a Professor of Economic Theory at Ilmenau University of Technology in Ilmenau, Germany.

Frédéric M. Marty

Senior Research Fellow
French National Centre for Scientific Research (CNRS)

Frédéric Marty is an ICLE Academic Affiliate.

Related Research Programs

Antitrust

Ex-Ante Versus Ex-Post in Competition Law Enforcement: Blurred Boundaries and Economic Rationale

Patrice Bougette, Oliver Budzinski, & Frédéric M. Marty June 7, 2024

GREDEG Working Papers Series View Original Source

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Abstract

This paper explores the evolving landscape of competition law enforcement, focusing on the dynamic interplay between ex-ante and ex-post approaches. Amidst the digital transformation and regulatory shifts, traditional enforcement mechanisms are being reevaluated. This study aims to dissect the economic rationale behind these shifts, proposing a hybrid framework that balances legal certainty with the flexibility needed to address contemporary market challenges.