EDITORIAL: Law and technocracy to protect democracy
An editorial of mine has recently come out with the Journal of European Competition Law & Practice (JECLAP). It is available here. The point it makes is simple: the first instinct of illiberal regimes is arguably to disregard the law and ignore expertise (whether it relates to climate change, vaccine safety or any other issue).
I argue, against this background, that, if competition law is to play a role in the protection of democracy and its institutions, it must resist the temptation to abandon law and expertise in the name of expediency or effectiveness. Such a move is not only likely to weaken policy-making and affect its quality, but would inevitably backfire over the long run.
I look forward to your thoughts on it. I explored the same ideas in the keynote lecture delivered in honour of Heike Schweitzer a few months ago (see here).
Chillin'Competition 
I couldn’t agree more with your comments. Thank you for stating your case so clearly.
While I would not go as far as claiming that the current UK government is engaged in democratic backsliding, this is essentially why I was particularly concerned at the government’s sacking of the CMA Chair earlier this year (and subsequent spinning of that event as a necessary action to unblock UK growth). The CMA was not, and is not, perfect but improvements were already underway and, in my view, could have been completed without such unnecessary scapegoating.
Becket McGrath
12 November 2025 at 3:47 pm