Privatization and the Courts: How Judicial Structures Shaped German Privatization

This article examines how legal institutional structures shaped the process of East German privatization by the Treuhandanstalt. It argues that the courts, as an important venue for oversight and accountability, were central to achieving the rapid and narrowly defined privatization carried out by the agency. Moreover, the experience of privatization after 1989 suggests the courts played a far more important role in shaping economic policy than one would have expected from traditional scholarship on public agencies, the courts, or the German legal system.