"Competition Wrongs"

Michigan Law Authors
Areas of Interest
Publish Date
2020
Publication
Yale Law Journal
Publication Type
Journal Article
Abstract

In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate what is a conceptual point: that we can and do wrong one another in ways that do not involve violating our private entitlements but rather violating only public norms.