Article 81 EC and Public Policy, (2009) Hart Publishing, Oxford (Book)
ARTICLE 81 EC AND PUBLIC POLICY, Hart Publishing, Oxford, 2009
Posted: 12 Mar 2009 Last revised: 27 Nov 2013
Date Written: September 22, 2009
Abstract
This book discusses the role of public policy in Article 81 of the EC Treaty. The Commission, and recently the Court of First Instance have said that the sole objective of Article 81 EC is consumer welfare. Many competition lawyers support this view. Writing in a crisp, plain style, Townley demonstrates that public policy considerations are still relevant in that provision. He also suggests how and where they should be considered.
The book explains how some of the most complex competition law cases can be understood and offers a framework for those fighting or deciding such cases in the future. As such, it will be of interest to European competition lawyers, both academics and practitioners; as well as students, seeking a deeper understanding of how the European competition rules work and how they interact both with European Union and Member State public policy goals.
It is structured as follows:
Part A asks why competition law might have more than just a welfare goal, first in the abstract, and then in the context of the European Union.
Part B looks at the CFI and ECJ case law, Commission decisions and policy statements to see how and where public policy objectives have been considered under Article 81 EC. It examines both Article 81(1) and (3). It also demonstrates how distorting the consumer welfare assessment can result in the promotion of various public policy goals.
Part C then suggests how and where public policy goals should be considered under Article 81 EC. It proposes solely considering consumer welfare in Article 81(1) and only bringing public policy goals into Article 81(3). It explains how this fits not only with the the theoretical arguments in Part A, but also the EC Treaty's structure. The final chapter provides a framework for the balancing mechanism.
Keywords: article 81, 81 EC, competition law, antitrust, public policy, mere-balancing, market-balancing, policy-linking clauses, environment, culture, public health
JEL Classification: K21, K32, K33
Suggested Citation: Suggested Citation