The centralization of EU competition policy: historical institutionalist dynamics from cartel monitoring to merger control (1956–91)

Abstract:

The contemporary strength of EU competition policy does not stem naturally and mechanically from the Treaty of Rome, nor is it only a consequence of the spread of ‘neoliberal’ ideas or the single market programme.

It is also the product of decades of dynamics underlined by historical institutionalism, which allowed the Commission to secure decisive powers, despite the unwillingness of some of the most powerful Member States.

In this regard, the two most important cornerstones were Regulations 17/62 on cartels and 4064/89 on mergers. The Commission benefited from the unintended consequences of decisions taken in the Council and from the path dependencies created by Regulation 17/62. It progressively developed a centralized institutional framework with itself at the centre.