Book Review: Populism and Antitrust: The Illiberal Influence of Populist Government on the Competition Law System By Maciej Bernatt (CUP: 2022)

This is a rich, well-structured and engaging monograph by an author who passionately yet systematically addresses the interrelationship between populism and competition law in the broader political and economic context. With this book, the author provides an informed take on the ‘back-sliding’ experience in two European ‘illiberal democracies’. The discussion of the most pertinent challenges as well as the proposed solutions are most illuminating not only for readers interested in East Europe but beyond. This book is a perfect companion in the universal quest for discovering the important role of competition law in the development of democratic societies founded on the rule of law and the challenges that may encounter along the way. Beyond informing the reader of the alarming back-and-forth quality of the competition system evolution, the author sets readers on the straight path of searching for solutions that ensure stability and resilience.

The Rotten Core of International Investment Law

In this brief post, I want to make sense of Prabhash Ranjan’s brief critique of TWAIL perspectives on international investment law. My main aim is not to mount a defense of TWAIL project(s) on investment law because that might be done more eloquently by others. Instead, I want to make some brief comments about the political valence of, and the assumptions behind, the reservations that Professor Ranjan articulated in this post, and which also appear in his recent book on India and Bilateral Investment Treaties.

How to Implement the AfCFTA

Thus, for purposes of AfCFTA sustainability, AfCFTA implementation mechanisms should: integrate inclusive and participatory decision-making process; retain policy space for national interests; and extend AfCFTA benefits to all society groups—women, youth, people with disabilities, and Micro, Small and Medium Enterprises (MSMEs)—without comprising the sustainability of environmental resources.