Is Anything More Important than Consumer Welfare (in Article 81 EC)? Reflections of a Community Lawyer

Abstract

Many academics agree with the Commission when it says that the sole goal of Article 81 EC (which covers certain anti-competitive arrangements between undertakings) is consumer welfare. The CFI has recently supported this stance. The paper considers this view. Based on my interpretation of the ECJ's judgments and the EC Treaty's structure, it argues that other public policy goals may also be relevant in Article 81 EC, such as environmental or health policy. Binge-drinking is used to illustrate the argument.

Keywords: antitrust, competition law, article 81, 81 EC, public policy, public health, binge-drinking, consumer welfare

JEL Classification: K21, K32, K33