The article deals with the Community principles regarding competition, focusing on the issue of their effectiveness independent of the dispositions contained in the arts. 81-89 of the EC Treaty. It is noted that the principle, contained in art. 3, lett. g) of EC Treaty, whereby competition shall not be distorted on the single market, contains relevant indications towards the interpretation and extensive application of the other dispositions of the Treaty concerning competition. However, it is also noted that said principle does not allow for an independent assessment of anticompetitive national rules and legislation. This same restrictive interpretative approach seems to apply also with reference to arts. 4 and 98 of EC Treaty, which regard the principle of an open market economy with free competition, whose need of application in Member States is ever more strongly felt. The article goes on to indicate the alternative solutions for the purposes of censuring national regulations that restrict competition, also in the light of the recent initiatives undertaken by the European Commission with reference to professional services. Finally, it is noted that although the European Constitution project does not affect the current antitrust system as delineated by EC Treaty, it does seem to address certain concerns raised by Member States in relation to the progressive enlargement of Community functions.

L'efficacia dei principi comunitari sulla concorrenza

FERRARO, FABIO
2005

Abstract

The article deals with the Community principles regarding competition, focusing on the issue of their effectiveness independent of the dispositions contained in the arts. 81-89 of the EC Treaty. It is noted that the principle, contained in art. 3, lett. g) of EC Treaty, whereby competition shall not be distorted on the single market, contains relevant indications towards the interpretation and extensive application of the other dispositions of the Treaty concerning competition. However, it is also noted that said principle does not allow for an independent assessment of anticompetitive national rules and legislation. This same restrictive interpretative approach seems to apply also with reference to arts. 4 and 98 of EC Treaty, which regard the principle of an open market economy with free competition, whose need of application in Member States is ever more strongly felt. The article goes on to indicate the alternative solutions for the purposes of censuring national regulations that restrict competition, also in the light of the recent initiatives undertaken by the European Commission with reference to professional services. Finally, it is noted that although the European Constitution project does not affect the current antitrust system as delineated by EC Treaty, it does seem to address certain concerns raised by Member States in relation to the progressive enlargement of Community functions.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11588/104558
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