Transformative Competition Law

Abstract

This introductory article sets competition law in the transformative context. It explains that competition law is not only something that is transformed but is also transformative in its own right. A twofold argument is advanced: first, that competition law has an important role to play in ensuring that the wide range of transitions in play today (i.e., green, digital and industrial) are both just and enduring, and second, that there are significant lessons to be learnt from economic transformations that have already taken place in Central and Eastern European (CEE) countries and countries from the Global South. To this end, the article explains that the manner in which CEE and select Global South countries designed and enforced their competition laws has allowed competition law to play a meaningful role not only as an instrument but also as an architect of their economic transformations. Against this background, the article argues that the EU's openness to these transitional experiences is desirable not only because it would supplement the transitions within the EU but also because it will facilitate the pathway to similar transitions in other non‐European jurisdictions that look to the EU for guidance. In terms of structure, first, the article examines the possible role of competition law in the course of transitions. Second, it examines the possibilities and limitations of the role competition law has already played in the transitions in CEE and Global South countries. The article concludes with an invitation to all readers to engage with this kaleidescope to gain a deeper insight into these issues.