Institutionalization of Ordoliberalism in Germany’s Economic Policy
1
조회
0
다운로드
4
인용
0
참고문헌
키워드
초록
The 2009 euro crisis renewed the ideological debate between two different camps in the euro area facing different economic situations. The first camp, consisting of the countries who are experiencing economic difficulties in terms of deteriorating trade balance and fiscal deficit, mainly derogatorily so-called GIPSIs, points the finger at Germany for imposing its ordoliberal orthodox of austerity on them and making their economic hardship even worse. On the contrary, Germany, Austria, Finland, and the Netherlands follow ordoliberal ideas. The ordoliberal principles, designed by the Freiburg School’s economist Walter Eucken, and two jurists, Franz Böhm and Hans Großmann-Doerth, laid down a substantive basis for Germany’s constitution, the Basic Law, and competition laws. Franz Böhm in fact was appointed by Ludwig Erhard as a member of the Executive Committee on Economics (Verwaltungsrat für Wirtschaft, VAW) in July 1946 to draft a German decartelization law. Competition policy in post war Germany was shaped by the ordoliberals of the Freiburg School and their most prominent political proponents, Ludwig Erhard and Konrad Adenauer, who put its impetus in Germany’s economic policy. The U.S. and the EU (dominated by Germany) show different traditions in their competition policy. The European competition law shows extraordinary hostility against any vertical arrangement in an industry whereas in the U.S. vertical agreements are presumed to be legal under various circumstances. Renewable Energy Feed-in Tariffs (REFIT) is designed to reflect ordoliberal principles emphasizing on giving competitive opportunities to new market entrants.
Abstract
The 2009 euro crisis renewed the ideological debate between two different camps in the euro area facing different economic situations. The first camp, consisting of the countries who are experiencing economic difficulties in terms of deteriorating trade balance and fiscal deficit, mainly derogatorily so-called GIPSIs, points the finger at Germany for imposing its ordoliberal orthodox of austerity on them and making their economic hardship even worse. On the contrary, Germany, Austria, Finland, and the Netherlands follow ordoliberal ideas. The ordoliberal principles, designed by the Freiburg School’s economist Walter Eucken, and two jurists, Franz Böhm and Hans Großmann-Doerth, laid down a substantive basis for Germany’s constitution, the Basic Law, and competition laws. Franz Böhm in fact was appointed by Ludwig Erhard as a member of the Executive Committee on Economics (Verwaltungsrat für Wirtschaft, VAW) in July 1946 to draft a German decartelization law. Competition policy in post war Germany was shaped by the ordoliberals of the Freiburg School and their most prominent political proponents, Ludwig Erhard and Konrad Adenauer, who put its impetus in Germany’s economic policy. The U.S. and the EU (dominated by Germany) show different traditions in their competition policy. The European competition law shows extraordinary hostility against any vertical arrangement in an industry whereas in the U.S. vertical agreements are presumed to be legal under various circumstances. Renewable Energy Feed-in Tariffs (REFIT) is designed to reflect ordoliberal principles emphasizing on giving competitive opportunities to new market entrants.
참고문헌 (19)
- Bertellsmann Stiftung, "Index of modern social market economies, explorative study" (2012), Bertellsmann Stiftung
- Buxbaum, H. L., "German legal culture and the globalization of competition law: a historical perspective on the expansion of private antitrust enforement", Berkeley Journal of International Law, 23(2), pp.474~495 (2005)
- Choi, Y. S., "Regulatory reform of the Korea Competition Law and policy of vertical restraints: a critical analysis of competition law on vertical restraints in the Republic of Korea, with reference to the U.S., the EC, and Japan", Ph.D, pp.2009
- Deeg, R., "The comeback of Modell Deutschland? The new German political economy in the EU", German Politics, 14(3), pp.332~353 (2005)
- Eucken, W., "Grundsätze der wirtschaftspolitik" (1952), Mohr Siebeck Tübingen
- European Commission, "Case No COMP", M.2220-General Electric, 89 Merger Procedure, Article 8(3), 2001[DOI]
- Gregory, S.A, "The global debate over constitutional property: Lessons for American takings jurisprudence" (2006), University of Chicago Press
- Gunlicks, A. B., "The Länder and German federalism" (2003), University of British Columbia Press
- Haley, J. O., "Antitrust in Germany and Japan: the first fifty years, 1947-1998" (2001), Seattle University Washington Press
- Kommers, D., "The constitutional jurisprudence of the Fedeeral Republic of Germany" (2012), Duke University Press Books
- The Unnoticed Difference between Antitrust and Competition Policy, Institute of Economic Studies, Faculty of Social Sciences, "Luňáčková, P.", Charles University in Prague, ~, pp.Working Paper, 38 (2011), 2011
- Comparing feed-in tariffs and renewable obligation certificates: The case of repowering wind farms, "Mennel, T.", IEFE, ~, pp.IEFE Working Paper, 57 (2013)
- Nedergaard, P., "As I drifted on a river I could not control’:The unintended ordoliberal consequences of the Eurozone crisis", Journal of Common Market Studies, 53(5), pp.1094~1109 (2015)
- Swaine, E., "“Competition, not competitors,” nor canards: ways of criticizing the Commission", Journal of Economic Law, 23, pp.597~635 (2002)
- Schwartz, I. E., "Antitrust legislation and policy in Germany-a comparative study", University of Pennsylvania Law Review, 105(5), pp.617~691 (1957)
- Toke, D., "Anglo-Saxon and German approaches to neoliberalism and environmental policy: The case of financing renewable energy", Geoforum, 38, pp.677~687 (2007)
- Vanberg, V., "The Freiburg School: Walter Eucken and Ordo-liberalism" (2011), Freiburg Diskussionspapiere
- Young, B., "German ordoliberalism as agenda setter for the euro crisis: myth trumps reality", Journal of contemporary european studies, 22(3), pp.276~287 (2014)
- "Department of History, University of Florida" (2011)[URL]