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The Historical Foundations of EU Competition Law

The Historical Foundations of EU Competition Law

Author: Kiran Klaus Patel; Heike Schweitzer
Publisher: Oxford University Press
ISBN: 9780199665358
Published In: July 2013
Format: Hardback , 256 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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A re-examination of the establishment and evolution of EU competition law and policy
Sets current debates about the legal reform of EU competition law in their historical context
Discusses the internal developments and external influences that have impacted on the evolution of the law
Provides an integrated approach written by an accomplished team of historians and competition lawyers

Shedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials.

The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.

Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe's construction, its hybrid institutional traits, and its often unique substance.

Readership: Scholars and advanced students of competition law, European law, and legal history

1: Kiran Klaus Patel and Heike Schweitzer: Recent Reforms of EU Competition Law and their Historical Foundations
2: Sigfrido M. Ramírez Pérez and Sebastian van de Scheur: The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge
3: Lorenzo Federico Pace and Katja Seidel: The Drafting and the Role of Regulation 17: A Fragile Balance
4: Adrian Kuenzler and Laurent Warlouzet: National Traditions of Competition Law: Europeanization through Convergence?
5: Brigitte Leucht and Mel Marquis: American Influences on EU Competition Law: Two Paths, How Much Dependence?
6: Thorsten Käseberg and Arthe Van Laer: Competition Law and Industrial Policy: Imperfect Harmony
7: Ernst-Joachim Mestmäcker: Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period

Edited by Kiran Klaus Patel, Professor of European and Global History; Maastricht University, and Heike Schweitzer, Professor of Law, Mannheim University; director of the Mannheim Centre for Competition, Regulation and Innovation (MaCCI)

Kiran Klaus Patel serves as Professor of European and Global History in Maastricht, the Netherlands. Before joining Maastricht University, he held a professorship at the European University Institute in Florence, Italy, and an assistant professorship at Humboldt University in Berlin. He has been (inter alia) a visiting fellow/professor at Harvard University, the Ecole des Hautes Etudes en Science Sociales in Paris, Oxford University, and the Freiburg Institute of Advanced Studies. He has published widely on the history of European integration and transatlantic relations.

Heike Schweitzer is Professor of Private Law, European Economic Law and Competition Law in Mannheim, Germany. Before joining Mannheim University, she held the chair for European Competition Law at the European University Institute in Florence, Italy. She received her legal education in Freiburg, Germany, and at the Yale Law School, and she served as a research fellow at the Max-Planck-Institute for Comparative and International Private Law and at Columbia Law School. She has published widely on issues of competition law, including state aid and public procurement law, as well as on issues of regulation (telecommunications, media, and health).

Contributors:
Thorsten Käseberg, German Economic Ministry
Adrian Kuenzler, Zurich University
Arthe Van Laer, University of Louvain la Neuve
Brigitte Leucht, London School of Economics
Mel Marquis, University of Verona and the Robert Schuman Centre of the European University
Institute
Ernst-Joachim Mestmäcker, former director of the Max Planck Institute for Comparative and International Private Law, Hamburg
Lorenzo Federico Pace, Molise University
Kiran Klaus Patel, Maastricht University
Sigfrido M. Ramírez Pérez, Bocconi University and University of Louvain la Neuve
Heike Schweitzer, Mannheim University
Katja Seidel, University of Westminster
Sebastian van de Scheur, European University Insitute
Laurent Warlouzet, University of Arras