National Traditions of Competition Law: A Belated Europeanization through Convergence?

Abstract

<p>This chapter assesses the influence of the national traditions of competition policy on the Community as well as the flows from the European level back to the national tier. The chapter is organized as follows. Section 2 summarizes the economic context and regulatory framework up to the end of the Second World War, underscoring that a cartel-friendly environment existed in Europe at that time. Section 3 describes how the national trajectories evolved under these circumstances. Section 4 shows that while the national legislators began to take into account European competition law, the particular economic policy contexts and designs of national institutions, as well as a dimension of cross-fertilization, influenced and shaped supranational norms to a significant extent. Section 5 summarizes and draws out more generalized lines of conclusion.</p>