Nonprofit Organizations Facing Competition

For a long time it has been assumed that the search for profits was inseparable from the carrying on of an economic activity, which could not be imagined absent the profit-maximizing motive. Nowadays, the role of nonprofit organizations as economic actors, operating in a competitive market, is well recognized. Therefore, these organizations are no longer a priori excluded from the application of competition law. The current United States, European and German rules of competition, however, do not contain specific provisions for nonprofit market actors, which are treated like other profit-maximizing undertakings, regardless of their social goals and nonprofit status. In the attempt of filling this gap, this study focuses on nonprofits' infra-sector competition. Though a comparative cross-country analysis, the study discusses the legal and economic implications of the enforcement of competition law against nonprofit organizations, and suggests some possible legal normative criteria which could facilitate the future applicability of these norms to not-for-profit entities.

Autorentext

The Author: Cristiana Cicoria, born in Turin in 1976, studied Law at the University of Turin (Italy), and Berkeley (United States). In 2002 she joined as a doctorate student the Graduate College of Law and Economics at the University of Hamburg, where she completed her thesis in 2005. Currently the author is a Research Assistant at the Institute of Law and Economics at the University of Hamburg.

Inhalt

Contents: Nonprofit Organizations Facing Competition - United States Antitrust Law and Nonprofit Entities - European Community Competition Law and Nonprofit Organizations - European Member State Competition Laws and Nonprofit Organizations - Comparative Analysis of the Results and Conclusive Remarks.