A Legal Historical Review of the EU Competition Rules

Abstract

The article reviews the history of the European Union competition rules: Article 101 TFEU, in particular the historical and comparative context of the 'object' and 'effect' distinction; the possibility of a gap under Article 102 TFEU; the relationship between unfair competition and the prohibition of discrimination, and the broader meaning of distortions of competition. It reveals new insights based on the consideration of several historical documents starting with the Schuman Plan, the Founding Treaty establishing the EC Community of Steel and Coal (ECSC) and the negotiations of the Treaty of Rome.

Keywords: EU competition law, history of EU competition law, legal history and interpretation of Article 101 and 102 TFEU, Founding Treaty ECSC, Treaty of Rome, Schuman Plan

JEL Classification: K2, K21, L4, D4