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Antitrust: The person-centred approach. / Hammeed Abayomi Al-Ameen

Swansea University Author: Hammeed Abayomi Al-Ameen

Abstract

"This thesis proposes a different approach to theorising, analysing and expounding antitrust issues. It states that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit or exclude issues that could otherwise be addressed as antitrust-related especially...

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Published: 2012
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa42765
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first_indexed 2018-08-02T18:55:29Z
last_indexed 2018-08-03T10:11:02Z
id cronfa42765
recordtype RisThesis
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spelling 2018-08-02T16:24:30.4141983 v2 42765 2018-08-02 Antitrust: The person-centred approach. d952ae32b4b22f07515627fab5a09f50 NULL Hammeed Abayomi Al-Ameen Hammeed Abayomi Al-Ameen true true 2018-08-02 "This thesis proposes a different approach to theorising, analysing and expounding antitrust issues. It states that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit or exclude issues that could otherwise be addressed as antitrust-related especially where antitrust concepts are understood and applied from a broader perspective. The justification for seeking inclusiveness is premised on the concept of procedural justice and on the democratisation of ideas. The thesis commences from a deconstructionist standpoint in order to show the weakness of top-down accounts. It is shown that the prevailing and dominant antitrust accounts cannot lay exclusive claim to antitrust. This is proved by establishing the deconstructability of such individual theories by making due reference to the position of "the Other". The failure to give adequate countenance to the position of "the Other" means that this theories will likely fail to be inclusive. Thus, with the aim of correcting the problem of exclusion attributed to top-down accounts, the thesis identifies the need to construct a bottom-up account. As a precondition, the thesis recognises that any such bottom-up account must avoid making ex ante judgments about the suitability or otherwise of the normative contents of antitrust laws and theories. Taking this condition into account, two alternative approaches based on pure procedural justice are outlined - Habermas' Discourse Ethics and the person-centred approach. The former is shown to be incapable of practical application. This makes it imperative to thoroughly substantiate the latter. The person-centred analysis showcases the conceptual value of inclusiveness by assessing antitrust law and policy through the position of the parties involved. The conceptual value of inclusiveness is also showcased from the policy perspective through the capability approach. This account also shows the value of inclusiveness to antitrust enforcement. It however falls short in terms of adjudicatory value particularly in terms of its practical application. The practical shortfall notwithstanding, this thesis concludes by emphasising how the idea behind the person-centred approach could potentially enrich antitrust discourse and also guide policy-makers and enforcers." E-Thesis Law. 31 12 2012 2012-12-31 COLLEGE NANME Law COLLEGE CODE Swansea University Doctoral Ph.D 2018-08-02T16:24:30.4141983 2018-08-02T16:24:30.4141983 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Hammeed Abayomi Al-Ameen NULL 1 0042765-02082018162520.pdf 10807534.pdf 2018-08-02T16:25:20.2100000 Output 9992760 application/pdf E-Thesis true 2018-08-02T16:25:20.2100000 false
title Antitrust: The person-centred approach.
spellingShingle Antitrust: The person-centred approach.
Hammeed Abayomi Al-Ameen
title_short Antitrust: The person-centred approach.
title_full Antitrust: The person-centred approach.
title_fullStr Antitrust: The person-centred approach.
title_full_unstemmed Antitrust: The person-centred approach.
title_sort Antitrust: The person-centred approach.
author_id_str_mv d952ae32b4b22f07515627fab5a09f50
author_id_fullname_str_mv d952ae32b4b22f07515627fab5a09f50_***_Hammeed Abayomi Al-Ameen
author Hammeed Abayomi Al-Ameen
author2 Hammeed Abayomi Al-Ameen
format E-Thesis
publishDate 2012
institution Swansea University
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 1
active_str 0
description "This thesis proposes a different approach to theorising, analysing and expounding antitrust issues. It states that at present, antitrust is addressed from top-down and narrow perspectives which in effect limit or exclude issues that could otherwise be addressed as antitrust-related especially where antitrust concepts are understood and applied from a broader perspective. The justification for seeking inclusiveness is premised on the concept of procedural justice and on the democratisation of ideas. The thesis commences from a deconstructionist standpoint in order to show the weakness of top-down accounts. It is shown that the prevailing and dominant antitrust accounts cannot lay exclusive claim to antitrust. This is proved by establishing the deconstructability of such individual theories by making due reference to the position of "the Other". The failure to give adequate countenance to the position of "the Other" means that this theories will likely fail to be inclusive. Thus, with the aim of correcting the problem of exclusion attributed to top-down accounts, the thesis identifies the need to construct a bottom-up account. As a precondition, the thesis recognises that any such bottom-up account must avoid making ex ante judgments about the suitability or otherwise of the normative contents of antitrust laws and theories. Taking this condition into account, two alternative approaches based on pure procedural justice are outlined - Habermas' Discourse Ethics and the person-centred approach. The former is shown to be incapable of practical application. This makes it imperative to thoroughly substantiate the latter. The person-centred analysis showcases the conceptual value of inclusiveness by assessing antitrust law and policy through the position of the parties involved. The conceptual value of inclusiveness is also showcased from the policy perspective through the capability approach. This account also shows the value of inclusiveness to antitrust enforcement. It however falls short in terms of adjudicatory value particularly in terms of its practical application. The practical shortfall notwithstanding, this thesis concludes by emphasising how the idea behind the person-centred approach could potentially enrich antitrust discourse and also guide policy-makers and enforcers."
published_date 2012-12-31T03:53:36Z
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score 11.012678

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