Abstract:
This paper is an attempt to evaluate the conceptual relationship between two central
elements of the theory of antitrust: competition and consumer welfare. These
two notions are analysed in their mutual dependency. In terms of methodology,
the paper proposes to structurally separate competition from consumer welfare.
This technique is successfully applied in the domain of legal philosophy when the
correlation between law and morality is debated. The main purpose of this paper
is to show that both competition and consumer welfare are economic values of
fundamental importance with no ex ante hierarchical dominance of consumer
welfare over competition. In case of conflict, priority might be given to either of
these values depending on the context of the assessment. This paper has a discursive
character, it constitutes a response to Dawid Miąsik’s article entitled: ‘Controlled
Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law’ which was published in the ‘Yearbook of Antitrust and Regulatory
Studies’ 2008 vol. 1.