A Legal-Historical Review of the EU Competition Rules

Chirita, Anca Daniela

Abstract

This article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Schuman plan, the Founding Treaty establishing the European Coal and Steel Community and the negotiations of the Treaty of Rome. Questions of contemporary relevance are explored, relating to the goals of competition law, the historical distinction between ‘object’ and ‘effect’ under Article 101 TFEU, the possibility of an enforcement gap under Article 102 TFEU, the relationship between unfair competition and the prohibition of discrimination and, finally, the broader meaning of competitive distortions.

Citation

Chirita, A. D. (2014). A Legal-Historical Review of the EU Competition Rules. International and Comparative Law Quarterly, 63(2), 281-316. https://doi.org/10.1017/s0020589314000037

• Journal Article Type: Article
• Acceptance Date: Jan 7, 2014
• Online Publication Date: Apr 24, 2014
• Publication Date: Apr 1, 2014
• Deposit Date: Jun 3, 2013
• Publicly Available Date: Jan 20, 2016
• Journal: International and Comparative Law Quarterly
• Print ISSN: 0020-5893
• Electronic ISSN: 1471-6895
• Publisher: British Institute of International and Comparative Law
• Peer Reviewed: Peer Reviewed
• Volume: 63
• Issue: 2
• Pages: 281-316
• DOI: https://doi.org/10.1017/s0020589314000037
• Keywords: Abuse of a dominant position, Discrimination, Distortion of competition, Goals of competition law, Object and effect restrictions, Oligopolies, Unfair competition.