Coordinated Diversity: Revolutionary Suggestions for EU Competition Law (and for EU Law too)

Summary:

This article contains an analysis of the development of the European Union's competition law’s substantive policy, in the light of the wider EU context and regulatory theory.

The overwhelming view is that the EU competition rules should be applied uniformly. By placing the competition rules in a wider EU context, specifically Article 101 TFEU (anti-competitive arrangements), this article argues that the national competition authorities (NCAs) should be able to diverge in their application of Article 101. This better respects the EU legal order’s substantive and procedural diversity. It also helps learning. There are limits, however.

The paper then suggests co-ordinating this diversity in networks where the NCAs and the Commission can share policy solutions and ideas (the ECN). This network can be replicated to help in other areas of EU law. Take the network of national and EU bodies that discuss proposed technical regulations’ compatibility with Articles 34 and 36 TFEU under Directive 98/34, as amended. The article explores how insights from the ECN can improve policy learning in this free movement network too.