Markets, Competition, and Fairness

SSRN, May 1, 2023

Writing with Professor Giuseppe Colangelo (University of Basilicata), Analysis Group Senior Advisor Eliana Garcés has published a white paper on “Markets, Competition, and Fairness” on SSRN. The paper will also appear in the 2023 publication Research Handbook for Competition and Corporate Law (Edward Elgar Publishing).

Noting that “Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy,” the white paper’s authors provide an overview of the evolution of the concept of fairness in US and EU competition policy, regulation, and case law. They explore the implications of juxtaposing fairness considerations with the well-established consumer welfare standard, focusing in particular on current EU regulation and litigation aimed at large digital platforms. The authors conclude by highlighting the risks posed to policy makers and businesses from insufficiently concrete and actionable definitions of fairness as applied in competition policy.

Read the white paper


Garcés E, Colangelo G