The Evolution of European Competition Law
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The Evolution of European Competition Law

Whose Regulation, Which Competition?

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.
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Chapter 2: Strategic Competition Policy: A Comment on EU Competition Policy

Wulf-Henning Roth


Wulf-Henning Roth* INTRODUCTION I The title of this chapter presupposes that the European Union may be on its way to developing a strategic competition policy – perhaps in the way that it has pursued strategic aims in the application of its antidumping regulations.1 Viewed from this perspective, the Boeing,2 Honeywell,3 and Microsoft4 cases could be analysed as examples in which the Commission attempted to fight the market power of US-American champions on the European market, thereby protecting European based competitors. Whether and to what extent the Commission has pursued such a strategic aim could only be verified on the basis of an in-depth analysis of the decisions taken, and of the perhaps hidden considerations behind the decisions. This goes beyond what could be done in a comment. There is another aspect to the topic of ‘strategic competition policy’ that I would prefer to deal with: in its Communication of April 2004 on ‘A proactive Competition Policy for a Competitive Europe’,5 the Commission linked the reform and enforcement of European competition policy with the ‘Lisbon strategy’ to make the EU ‘the world’s most competitive and dynamic knowledge-based economy by 2010’. One of the major characteristics of the new regulatory competition framework that has been set up in the last five years is the stronger emphasis on economic analysis.6 This characteristic feature raises Professor Dr. iur., L.L.M., Rheinische Friedrich-Wilhelms Universität Bonn. See, e.g., Wessely, Das Verhältnis von Antidumping- und Kartellrecht in der Europäischen Gemeinschaft, München 1999....

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