Changing the Competition Regime Without Altering the Treaty's Chapter on Competition?

The Treaty of Lisbon and the Future of European Law and Policy, Martin Trybus and Luca Rubini, eds., 2013

21 Pages Posted: 23 Mar 2013

See all articles by Julian Nowag

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Date Written: February 1, 2012

Abstract

The paper examines whether the changes in the objectives of the EU means a change in the competition acquis. A three step analysis leads to the conclusion that this has not to be expected. Initially the status of competition in the constitutional hierarchy under the old EC Treaty is examined before the detailed changes under the Lisbon Treaty are set out. The paper then investigates whether the amendment of the Lisbon Treaty changes the relationship between competition and other EU goals and suggest that a weakening is not to be feared. Instead an argument for a increased relevance of competition in the Treaty could be made. Finally, the paper addresses the fear of whether the case law that relied on the deleted and transposed initial ‘common provisions’ needs to be changed.

Keywords: Lisbon Treaty, EU Competition Law, Protocol No 27 on the internal market and competition, constitutional status of competition

Suggested Citation

Nowag, Julian, Changing the Competition Regime Without Altering the Treaty's Chapter on Competition? (February 1, 2012). The Treaty of Lisbon and the Future of European Law and Policy, Martin Trybus and Luca Rubini, eds., 2013. Available at SSRN: https://ssrn.com/abstract=2237664

Julian Nowag (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

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