IN A FIERCELY CONTESTED GAME OF FOOTBALL OR RUGBY THE job of the referee is both essential and unenviable. On such occasions, whilst the players will appreciate the importance of the rules of the competition, the incentive to break them can be overwhelming. This is a specific instance of a more general case: the higher the stakes in any competition, the greater the need for a good referee to ensure that the game is played fairly.
Much more significant competition takes place between the industries of the member states of the European Community, and indeed of the rest of the world, for the custom of the Community's markets. It is important to note that the European Community is still far from achieving a truly common market across all the member states, as free from non-tariff barriers as it is already from tariffs. Competition policy in Europe has two referees, national enforcement bodies and the European Commission. This paper is concerned only with the Commission, which has responsibility for matters of competition between the member states.