Published in Concurrences, the article “The Politician and the Judge: Implications for Competition Policy,” written by CRA’s Oliver Latham and Sam Marden, examines the growing politicisation of antitrust policy and considers when “politicisation” can be a rational reaction to changing circumstances and the implications for competition policy.
Drawing on the historical evolution of antitrust policy, the authors argue that some increase in politicisation is likely an inevitable result of the expansion of the scope of competition policy into increasingly complex and contested domains—such as digital markets, industrial policy, and labour dynamics.
In this context, some degree of politicisation may be desirable if it aligns policymakers with democratic objectives. However, not all forms of politicisation are equal, and direct political interference in individual cases is likely to be problematic.
