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<p>Where US and EU competition regimes have common roots in the fight against robber barons and authoritarian regimes, they may be argued to have far more in common than is generally imagined within a dominant narrative of US neoliberalism versus EU ordoliberalism. In this collection of essays, EU and US competition regimes have a particular position, being far less inimical to processes of centralisation than government regulation generally. Where this contribution ends by arguing that a return to anti-authoritarian competition regimes is now appropriate, especially in the face of rapid technological advance and structural upheaval, it reaches that conclusion by detailing the political economy of competition law and policy in the US and the EU, processes of convergence and divergence throughout a history, as well as the particular place of competition law as a creature of <i>terra nullis</i>, or, as a regulatory instrument within the private sphere that often pre-empts democratically-legitimated schemes of regulation.</p>

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An anatomy of ‘freedom’: US and EU competition policy in the crosshairs

  • 期刊论文

  • 发表日期：

    2026年2月1日

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  • Michelle Everson

摘要

Where US and EU competition regimes have common roots in the fight against robber barons and authoritarian regimes, they may be argued to have far more in common than is generally imagined within a dominant narrative of US neoliberalism versus EU ordoliberalism. In this collection of essays, EU and US competition regimes have a particular position, being far less inimical to processes of centralisation than government regulation generally. Where this contribution ends by arguing that a return to anti-authoritarian competition regimes is now appropriate, especially in the face of rapid technological advance and structural upheaval, it reaches that conclusion by detailing the political economy of competition law and policy in the US and the EU, processes of convergence and divergence throughout a history, as well as the particular place of competition law as a creature of terra nullis, or, as a regulatory instrument within the private sphere that often pre-empts democratically-legitimated schemes of regulation.