Europäische Wettbewerbspolitik zwischen Prozeß- und Ergebnisorientierung: Zur Notwendigkeit institutioneller Reformen in der europäischen Wettbewerbspolitik / European Competition Policy between Process and Performance Orientation: The Necessity of Institutional Reforms

The European competition policy can look back at a successful forty-year-old practice of application by the European Commission. However, the performance orientation in competition policy has become more and more important with increasing importance of so called positive integration. In a multitude of merger and state aid cases such a performance orientation can be shown. From the point of view of a market economy such a development is dangerous because the decision-making process becomes more and more political. Therefore, the authority applying competition law should be organised taking regard of aspects of institutional economics and public choice. Only a politically independent competition authority can guarantee the protection of competition. Therefore, in the European Union the decision-making process in the field of competition policy should be institutionalised with an independent European Antitrust Office and with an independent State Aid Commission.