Technocracy and populism in antitrust: two sides of the same coin

Abstract

In this article I analyze the relation that exists between the hegemonic juridical culture in antitrust, technocracy, and populism. Firstly, I analyze the chilean interpretative canon in antitrust law and conclude that it follows the international trend of ignoring written law and instead of that imposing diverse ideas of how to maximize some kind of efficiency. Secondly, I make the argument that this phenomenon is of technocratic character, and that although does who participate in it consider themselves contrary to populism, they are actually quite similar to the populists in the sense that they harm political deliberation. Thirdly, I make the argument that this technocratic status quo is unstable and has legitimacy problems.