The "Undistorted competition" issue

Looks like quite a few folk are all worked up about the fact that "undistorted competition" will likely be deleted from the "objectives" of the new Reform Treaty to be drafted soon.

Look for example at what the fine "Antitrust Hotch Potch" has to say here or here. Even Bondwoman at Blogging about EU Law and Politics asks why not delete Articles 81 and 82 EC altogether.

Fact is though, "undistorted competition" is not in the current objectives of the EC Treaty as set out in its Article 2. Nor is it an objective of the EU Treaty according to its Article 2. At present, ensuring competition undistorted is an "activity" of the EC listed in Article 3 §1 (g) EC. That omission has not stopped the creation of the development of substantial body of EC antitrust and state aid law.

It was the draft Constitution that "elevated" undistorted competition to the status of an objective, as well as being a policy. (For the full text of the draft Constitution, look here).

Let's remain a little skeptical of grand objectives. After all, the Constitution of the USSR listed some pretty neat objectives too...none of which came to much in reality. What matters is the practical implementation of policy.

And don't forget that the reference to cartels in the Schuman Declaration of May 9th 1950 was an after thought and inserted on the insistence of US Secretary of State Dean Acheson.

Comments

[Bondwoman]

Whoops. You appear to have taken me seriously. I was being ironic...in an effort to be sarcastic about the approach of the Member States to the issue of "mastering" the Treaties.

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