- 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
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...
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