- ASCOLA Competition Law series
Edited by Josef Drexl, Laurence Idot and Joël Monéger
Chapter 9: Competition Law and Public Policy: Reconsidering an Uneasy Relationship – The Example of Article 81
9. Competition law and public policy: reconsidering an uneasy relationship – the example of Article 81 Heike Schweitzer* 1 INTRODUCTION The development of an internal market with undistorted competition is one of the central ﬁelds of activity of the EU (Article 3(1)(g) EC), and has long been one of its seemingly uncontroversial goals. The debate about the relationship between this goal and other goals listed in Articles 2 and 3 EC that are not competition-related has been a reminder of the political tensions that the application of competition rules can raise at times. The battles surrounding the Draft Constitutional Treaty and later the drafting of the Lisbon Treaty have revealed how strongly these tensions are perceived by some Member States. Upon French initiative, the new Article 2 Treaty of the European Union (TEU), conﬁrming the establishment of an internal market as one of the Union’s goals, will no longer contain a reference to a ‘system of undistorted competition’ as was originally foreseen.1 Although the British government in turn insisted on annexing a Protocol to the TEU which will specify that ‘the internal market as set out in Article 2 of the Treaty on the European Union includes a system ensuring that competition is not distorted’,2 and the Protocol has formally the same legal * Dr. iur., LL.M. (Yale), Professor of Law, European University Institute, Florence. 1 The future Art 3(3) TEU will read in its relevant part: ‘The Union shall establish an internal market. It shall work...
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