Coherence in EU Competition Law

EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.

1 - Introduction, Concepts, and Questions
2 - History and Framework of EU Competition Law
3 - Objectives and Boundaries
4 - Rules, Exceptions, and Standards
5 - Procedures and Remedies
6 - Networks, Hierarchy, and Coordination in Antitrust
7 - National Courts, the Commission, and the CJEU
8 - Mergers, State Aid, and Services of General Economic Interest
9 - The Sectoral Regimes for Electronic Communications and Energy
10 - Conclusion

Wolf Sauter is Professor of Economic Law at Tilburg University. He has worked as a lawyer in Brussels both in private practice and with DG Competition. In The Netherlands he has also worked with the telecommunications regulator (OPTA), the Finance Ministry, and more recently the healthcare regulator (NZa) as well as the competition authority (ACM). Wolf is the author of a number of books on competition, regulation and most recently public services.