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A legal-historical review of the EU competition rules.

Chirita, Anca D. (2014) 'A legal-historical review of the EU competition rules.', International and comparative law quarterly., 63 (2). pp. 281-316.


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.

Item Type:Article
Keywords:Abuse of a dominant position, Discrimination, Distortion of competition, Goals of competition law, Object and effect restrictions, Oligopolies, Unfair competition.
Full text:(AM) Accepted Manuscript
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Publisher statement:© British Institute of International and Comparative Law 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press, in 'International and Comparative Law Quarterly' (63: 02 (2014) 281-316)
Date accepted:07 January 2014
Date deposited:20 January 2016
Date of first online publication:24 April 2014
Date first made open access:No date available

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