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• Higher Level Prevention as Public Value in Competition Law

  133-152

  András Tóth

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  The problem-solving mechanism developed by Sparrow in the field of social regulation could also be implemented in competition law in order to prevent the recurrence of competition problems in a given industry. Competition authorities’ (like protection-type agencies) aim is the creation of public value. This is measured in terms of their ability to solve social problems by preventing or controlling harms. In the case of competition authorities, the public value is achieved by ensuring a competitive market environment through the curtailment of market power and the removal of barriers to entry. The public value of prevention is especially important when markets tend to become concentrated. In order to achieve the maximum preventive effect, all prevention tools must be operated effectively. This includes imposing structural remedies or switching to ex-ante prevention (regulation) when ex-post enforcement proves ineffective.