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

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.