Lianos, I; (2009) "Lost in Translation"? Towards a Theory of Economic Transplants. (CLES Research Paper series 2/2009). Centre for Law, Economics and Society, UCL Faculty of Laws: London, UK.

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Abstract

The rise of economics as one of the main (some will advance the most important) “source” of competition law discourse is well documented. This study focuses on a facet of the integration of economic analysis in competition law: "economic transplants". The term “economic transplants” refers to specific economic concepts that were incorporated into the legal discourse by an act of “translation”. They represent the ultimate degree of interaction between the legal and the economic systems. Using a paradigmatic approach the study examines their specific characteristics and what distinguishes them from other forms of integration of economic analysis in competition law. It critically assesses their role and their impact on the legal and the economic discourses. It is submitted that the “paradigm” of translation (and translation theory) is the most adequate explanatory framework for taking into account the dual nature of economic transplants and it can also serve, more broadly, to conceptualize the interaction of law with other social sciences.

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