The two legal disciplines of competition and intellectual property can be considered to be two sides of the same coin with competition law aiming to free and de-sector the market and intellectual property aiming to constrain and sector the market. Whilst there have been many attempts to espouse the aims and objectives of competition law , there have been no attempts to determine the philosophical basis for it, unlike intellectual property law . As with intellectual property, competition laws adopted by legislatures impact on the freedom of markets and individuals, extending and limiting their rights. As such these laws need to be justified.
This paper will examine the rights granted and duties imposed by (both public and private), the aims and objectives of and the philosophy underpinning completion laws with the aim of determining if the justifications for these legislative interferences in the free market can be legitimated.
Ball, R. (2015, September). The philosophy of competition law. Paper presented at Society of Legal Scholars (SLS) 2015 annual conference: Law's subjects: Subjects to Law