Scholarship (Affiliate)
Ex-Ante Versus Ex-Post in Competition Law Enforcement: Blurred Boundaries and Economic Rationale
International Review of Law and Economics Vol. 82
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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 re-evaluated. 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. In particular, the analysis highlights the emergence of new competition policy approaches that combine regulatory-type interventions with strengthened enforcement strategies.
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