The Modernisation of EC Antitrust Law (Studies in European Law and Integration)

In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”, which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community’s competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author’s conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community. Half Title Page......Page 1 Half Title verso......Page 2 Title Page......Page 3 Title verso......Page 4 Preface......Page 7 Table of Contents......Page 9 Abbreviations......Page 11 Table of Cases......Page 13 Introduction......Page 21 Part I: The Development of the Current System of EC Antitrust Law Enforcement......Page 28 1. The Transformation of Community Antitrust Law Enforcement......Page 29 2. The Transformation of the Community's Constitution......Page 71 Part II. The Modernisation of EC Antitrust Law in Light of the General Development of EC Law......Page 95 3. Objectives of EC Antitrust Law......Page 97 4. The Division of Jurisdiction between EC and Member State Antitrust Laws......Page 135 5. Institutional Issues at the Central Level......Page 179 6. Institutional Issues at the Decentral Level......Page 211 Conclusion......Page 243 Bibliography......Page 247 Index......Page 267 Over recent years, European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light the ineffectiveness of the system. Consequently, the European Commission has responded by issuing the "White Paper on Modernisation", which sets out its vision on the future of EC competition law This text tries to understand the challenges to EC competition policy by examining the origins of the Community's competition law system. It sketches the development of Community competition law and addresses topical problems of EC competition policy Rein Wessling. Includes Bibliographical References (p. [227]-245) And Index.