- ASCOLA Competition Law series
Edited by Josef Drexl, Warren S. Grimes, Clifford A. Jones, Rudolph J.R. Peritz and Edward T. Swaine
Chapter 16: Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market
Clifford A. Jones 1 INTRODUCTION: THE ROLE OF COMPETITION POLICY IN THE EU Competition policy in the European Union finds its origins in the fundamental purposes of the original EEC Treaty to integrate the separate national markets of its Member States into a single or ‘common market’. Prior to the seminal ECSC Treaty in 1952, cartels in Europe were favourably regarded as engines of industrial development driving the economic growth of Europe, especially in Germany.1 Indeed, cartels were respected economic institutions, and economy by cartel was the rule in Europe prior to 1945.2 Harding and Joshua’s literature review on the behaviour of cartels in Europe portrays cartel history from private systems of transnational trade regulation to government-encouraged market stabilization to the compulsory cartelization in Nazi Germany.3 When the ‘Schuman Plan’ for the creation of the European Coal and Steel Community (1952–2002), precursor to the former European Community and present European Union, was presented to US Secretary 1 See, generally, C Trebilcock, The Industrialization of the Continental Powers 1780–1914 (1981). 2 HG Schröter (1996), ‘Cartelization and decartelization in Europe, 1870– 1995: Rise and decline of an economic institution’ (1996) 25(1) J Eur Econ Hist 129, at 137. See, also, CA Jones, Clifford, Private Enforcement of Antitrust Law in the EU, UK, and USA (1999) at 23–8. 3 C Harding and J Joshua, Regulating Cartels in Europe: A Study of Legal Control of Corporate Delinquency (2003) at 63–82. 261 M2697 - DREXL TEXT.indd 261 22/08/2011 07:...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.