Tuesday, November 13, 2012
Use and Abuse of Competition Law in Pursuit of the Single Market - Has Competition Law Served as Regulation Subject to a Quasi Industrial Policy Agenda?
Posted by D. Daniel Sokol
Christian Bergqvist, University of Copenhagen/Falculty of Law asks Use and Abuse of Competition Law in Pursuit of the Single Market - Has Competition Law Served as Regulation Subject to a Quasi Industrial Policy Agenda?
ABSTRACT: The call for an enhanced role for industrial policy considerations has traditionally been relegated to the darkest corner of the competition law universe with limited support. In accordance with this the presumption has been that no such considerations have influenced the Commission's enforcement priorities. However, the reality tends, as often is the case, to be more complicated. In pursuit of the Single Market, competition law has occasionally served a regulatory role that comes with a flavour of industrial policy. Hence, it would be too simplistic to exclude industrial policy considerations as an objective advanced under competition law if a broader definition is applied.