The regulation of competition within the European Economic Community : a study on supra-national legislation

Abstract

The creation of the European Economic Community has led to the abolition of customs barriers between the member States and to a process of gradual amalgamation of the various national markets. The Common Market, operates in the same way as a national market, in that it has the machinery to dictate policy, curb abuses and in general carry out all measures which constitute the necessary economic control. This work is intended to illustrate and elucidate the control exercised by the Community organs in the sphere of Competition. It is outside the scope of this work to trace the development of legislative intervention on competition: the right of the State to take an active part in the economic life of a nation is an accepted principle. The measure of control, its aims and the method employed may vary according to the underlying economic, social end political beliefs, The EEC Rules aim to create a state of free competition by effectively reducing restraints and abuses in the area within its jurisdiction. The extent of this jurisdiction will be considered in detail in this work. Contrary to other international treaties the Treaty constituting the EEC has created its own legal order which was integrated with the legal orders of the member States". These words of the Court of Justice of the Communities have a great significance in the debate on the nature of Community law and its regulations with the national laws of the member states. The EEC organs have an authority to make laws which affect the regulation of competition within the entire territory of the Common Market.