By Abayomi Al-Ameen
This e-book proposes a distinct method of theorising and analysing antitrust matters, engaged on the idea that at this time, antitrust is addressed from top-down and slim views which in impression restrict the eye paid to or exclude concerns which can rather be thought of. This reasoning is influenced by way of the pursuit of inclusiveness and broadness within the antitrust context. The paintings contends that conventional top-down antitrust theories are vulnerable simply because they're incomplete and inadequate of their description and research of antitrust concerns. therefore, it identifies the necessity to build a bottom-up method. constantly, such an procedure must steer clear of ex ante judgments in regards to the suitability of the normative contents of antitrust legislation and theories, lest it fall into a similar catch that plagues conventional theories. As a potential resolution, the writer proposes a procedural account often called the person-centred technique (built on theories akin to Sen’s potential) and punctiliously experiences its practicality.
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Additional resources for Antitrust: The Person-centred Approach
Where the traditional investigative powers prove inadequate, institutions should be willing to do more in order to fill potential voids and consequently secure various interests that may be injured as a result of the gap. For instance, so as to increase the chance of obtaining relevant information, the institution could initiate a leniency programme. This scheme has been adopted with a substantial degree of success at both sides of the Atlantic. Another means of gathering relevant information is through the application of forensic economics.
Para 6. C. Nungesser KG and Kurt Eisele v Commission  ECR 2015. 2000. 25 Another example is the question of market power. 28 Further, the Commission is of the opinion that the fact that an agreement falls outside the safe harbour of a block exemption is in itself an insufficient basis for finding that the agreement is caught by Article 101 (1) or that it does not fulfil the conditions of Article 101(3). 29 Also, the flexibility of a regime can be assessed by the way it determines the restrictiveness or otherwise of an agreement.
This should however be done with judicial authorisation, see also Recital 26. 49 Commission—Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No. 1/2003. 2006. 50 These tools are addressed in Chap. 6. 38 2 Person-Centred Approach Worthy of particular mention is the UK’s market investigation whereby relevant authorities are inclined to actively assess markets over a period in order to ascertain the state of competition. Section 5 of the Enterprise Act 2002 provides, amongst other functions, that the UK Office of Fair Trading is to obtain, compile and keep under review information about matters relating to the carrying out of its functions.