Law, Markets and Politics: Critical approaches to the regulation of economic power-presentation/Direito, Mercados e Politica: Abordagens criticas da regulacao do poder economico--apresentacao/Ley, Mercados Y Politica: Enfoques Criticos De La Regulacion Del Poder Economico.
| Autor | Miola, Iage Zendron |
How big should corporations be? What corporate strategies are to be tolerated when firms compete for markets? What economic and social goals should competing companies obey to? How should governments and regulation deal with the size and behavior of corporate power? These are questions about economic power, its concentration and behavior, and how it relates to the law that involve complex and often controversial answers. Despite its political and academic relevance, however, excessively formal and technocratic perspectives available in law and economics have frequently monopolized them. These questions have been often answered through an orthodox lens and not seldom confined to the professional domain of competition law and policy.
Nevertheless, a burgeoning scholarship has been exploring this intersection between law and the economy to critically discuss the legal underpinnings of corporate power, and its impacts on contemporary societies. This Special Issue aims at documenting and diffusing distinct perspectives that share a common critical look at the regulation of economic concentration, corporate power and behavior, evidencing its political and social roots and roles. The authors here presented were invited to tackle one or more of the following questions: how is corporate power regulated in concrete settings today? What agents, legal and economics ideas and interests shape the regulation of corporate power? What are the roles exercised by the political and legal institutions responsible for regulating markets and corporate behavior, and how are these roles actually implemented? What are the social, economic, and political impacts of the existing regulation of corporate power? From a normative view point, how does corporate power and its regulation affect democratic ideals, and broader social and economic goals?
The adjective "critical" acquires different meanings in this Special Issue. Several of the articles here presented are critical in questioning the dominant view in competition law literature, that there is only one way of conceiving economic regulation--one that privileges economic (allocative) efficiency in detriment of any other socially and economically valuable goals. Others are critical to the extent that they are radically suspicious of the technocratic separation between legal regulation, political decision-making and economic interests. Some of the contributions are critical in submitting strictly formal accounts about the regulation of corporate power to rigorous empirical assessment. Yet others are critical in bringing insights from outside legal or economic analysis into the study of regulation. Different in many senses, all the contributions here presented converge in challenging orthodox ways of discussing the regulation of corporate power. This Special Issue...
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