More Common Ground for International Competition Law?
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More Common Ground for International Competition Law?

Edited by Josef Drexl, Warren S. Grimes, Clifford A. Jones, Rudolph J.R. Peritz and Edward T. Swaine

In recent years, an impressive proliferation of competition laws has been seen around the world. Whilst this development may lead to greater diversity of approaches, economic arguments may promote convergence. The contributions to this book look at a number of the most topical issues by asking whether the competition world is turning more towards convergence or diversity. These issues include, among others, the changing role of economics in times of economic crises and political change, the introduction of criminal sanctions, resale-price maintenance, unilateral conduct and the application of competition law to intellectual property and state-owned enterprises.
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Chapter 16: Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market

Clifford A. Jones


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:...

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