Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials.
The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.
Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.
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ix | |
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xiii | |
| Introduction |
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1 | (18) |
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1 The Evolution of the Law on Articles 85 and 86 EEC [ Articles 101 and 102 TFEU]: Ordoliberalism and its Keynesian Challenge |
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19 | (35) |
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Sigfrido M. Ramirez Perez |
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2 The Drafting and the Role of Regulation 17: A Hard-Fought Compromise |
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54 | (35) |
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3 National Traditions of Competition Law: A Belated Europeanization through Convergence? |
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89 | (36) |
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4 American Influences on EEC Competition Law: Two Paths, How Much Dependence? |
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125 | (37) |
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5 Competition Law and Industrial Policy: Conflict, Adaptation, and Complementarity |
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162 | (29) |
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6 Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period |
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191 | (16) |
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7 EU Competition Law in Historical Context: Continuity and Change |
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207 | (24) |
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| Index |
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231 | |
Kiran Klaus Patel serves as Professor of European and Global History in Maastricht, the Netherlands. Before joining Maastricht University, he held a professorship at the European University Institute in Florence, Italy, and an assistant professorship at Humboldt University in Berlin. He has been (inter alia) a visiting fellow/professor at Harvard University, the Ecole des Hautes Etudes en Science Sociales in Paris, Oxford University, and the Freiburg Institute of Advanced Studies. He has published widely on the history of European integration and transatlantic relations.
Heike Schweitzer is Professor of Private Law, European Economic Law and Competition Law in Mannheim, Germany. Before joining Mannheim University, she held the chair for European Competition Law at the European University Institute in Florence, Italy. She received her legal education in Freiburg, Germany, and at the Yale Law School, and she served as a research fellow at the Max-Planck-Institute for Comparative and International Private Law and at Columbia Law School. She has published widely on issues of competition law, including state aid and public procurement law, as well as on issues of regulation (telecommunications, media, and health).
