Competition Law Without Policy (and Competition Policy Without Law)

Abstract

Reading the judgment of the European Court of Justice in the Google Shopping case made me sad. My main objection to the judgment has nothing to do with the merits of the decision, but rather with the form of the written judgment and the continuing failure of the Court to connect with people in the real world. The judgment is long, boring, and turgid, even by the normal opaque standards of ECJ judgments. After seven years of litigation and appeals (fourteen from the start of the investigation), it represents a lost opportunity to speak clearly to citizens of the European Union and the rest of the world about the value, and values, of competition law.

JEL Classification: K15, K21, K40, K42, K41, L4, L40, L41