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A Legal-Historical Review of the EU Competition Rules

Chirita, Anca Daniela

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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 Mar 29, 2024
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.

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