4 - EU competition law regime

Summary

This chapter will consider the competition law regime of the European Union (EU), a regime that has come to acquire huge significance and dominance within both Europe and globally; in spite of the state of stagnation and the divisive conflicts which the regime witnessed at certain stages of the early existence of the European Community. This significance of the regime can be seen in light of, among other things, how a large number of countries around the world have adopted local competition rules based on the key provisions of EU competition law, notably Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU); these countries include both developed and developing ones. Beyond serving as a global ‘model’, the EU competition law regime has served as a valuable source, which many competition authorities frequently use for insights into how competition issues are analysed and to learn about recent trends and developments in the field.

EU competition law is highly fascinating and its enforcement mechanism – especially with the radical reform introduced in 2004 – provides a model of a highly successful regional competition law regime, especially when one considers the close relationship between the European Commission – the main EU body in charge of competition enforcement – and national courts and national competition authorities of the member states.