Table of Contents

The Evolution of European Competition Law

The Evolution of European Competition Law

Whose Regulation, Which Competition?

ASCOLA Competition Law series

Edited by Hanns Ullrich

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition.


Hans Ullrich

Subjects: law - academic, competition and antitrust law


Hanns Ullrich I 1 THE PROGRAMME A Subjective Approach The choice of ‘The Evolution of European Competition Law’ as the topic for the first conference of the newly established Academic Society for Competition Law was obvious enough. The interpretation, implementation and application of the rules of competition of the Treaty of the European Community (Art. 81 et seq. EC-Treaty) have undergone and continue to undergo profound changes, and they do so under American intellectual, industrial and political influence. An association with a predominantly European membership – inside and outside the European Union – but which looks across the Atlantic and seeks (and has) members there, probably may begin with a self-assessment of ‘our’ law. However, the nature and the narrow framework of a workshop – more had never been intended – required a rather selective and allowed a quite subjective approach. Thus, rather than to propose a reexamination of the modernization of enforcement1 or of merger control reform2 on the basis of a comparison with its US counterparts as suggested by predecessor projects of comparative competition law,3 the letter of invitation 1 Council Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Article 81 and 82 of the Treaty, OJEC 2003 L 1, 1; Reg. 1/2003 has been implemented by a number of Commission Notices and Guidelines, all published in OJEC of 27 April 2004, No. L 101, at pp. 43 et seq., 54 et seq., 65 et seq., 81 et seq., 97 et seq....