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The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.

Chapter 21: Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?

Julian Nowag

Subjects: law - academic, european law


Julian Nowag* 1. INTRODUCTION The Lisbon Treaty has left the competition provisions virtually untouched.1 Yet President Nicola Sarkozy claimed that a ‘major reorientation on the objectives of the Union [has been achieved, as] [c]ompetition is no longer an objective of the Union or an end in itself, but a means to serve the internal market’.2 This chapter will investigate this claim and will determine whether this change in the objectives means a change in the competition acquis.3 It will therefore analyze the status of competition in the constitutional hierarchy of the European Union and examine the constitutional * I am grateful to Nadine Zipperle, Ariel Ezrachi, Luca Rubini, Constanze Semmelmann and the participants of the After Lisbon: The Future of European Law and Policy conference held at the Law School of Birmingham on the 24–25 June 2010, for invaluable comments, questions and suggestions on earlier versions of this article. 1 Only a new Article 105 (3) has been added to the TFEU. This Article allows the Commission to adopt regulations ‘relating to the categories of agreement in respect of which the Council has adopted a regulation or a directive pursuant to Article 103 (2) (b)’ (i.e. Council measures adopted with regard to the former Article 81 (3) EC). 2 Sarkozy, N. (Paris, 23 June 2007), ‘Conférence de presse finale à l’occasion du Conseil européen à Bruxelles’, available at: Conference-de-presse-finale-du,9147 (accessed 27 May 2011). Mr Sarkozy referred to the deletion of Article 3 (1) (g)...

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