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Publishers Abstract:
Administrative rule-making is one of the central tools for guiding administrative discretion; it increases predictability in policy-implementation. This article analyses administrative rule-making through administrative guidelines, and develops concepts for further development of this type of instrument. Administrative rule-making in the area of competition policy takes place against the background of strong regulatory powers of the Commission. Competition policy is one of the few areas in which Community institutions not only play a role in legislative process but are also in charge of implementation. Administrative rule-making in competition policy is central in relation to setting the rules for the Commission's balancing of interests associated with competition policy. The Commission has developed the tool of administrative guidelines to fulfil several tasks. With the help of administrative guidelines, it structures its own wide margin of discretion whilst at the same time regulating by information, thus influencing private and public activity through publication of standards of review.
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