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EC Competition Law After Modernisation: More than Ever in the Interest of Consumers

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  • Jules Stuyck

Abstract

In this paper it is argued that even though the consumer cannot (anymore) be reduced to a “homo oeconomicus,” competition law is the cornerstone of consumer law and that the decentralised application of EC competition law since 1 May 2004 (pursuant to Regulation 1/2003) gives new opportunities for an effective application of the EC competition rules to the benefit of consumers. While the EC Treaty (and the future Constitution for Europe) aim to protect consumers in the framework of the internal market programme, as well as on the basis of a genuine “consumer protection” policy, it is submitted that an effective competition policy remains crucial for consumers in a market economy. Consumer interests are generally diffuse and therefore difficult to protect via legal procedures. Nevertheless a further development of remedies which are already available in Community law (nullity of restrictive agreements, claims for damages, actions for a cease and desist order, and so on) will contribute to an increased application of the competition rules in the interest of consumers. Copyright Springer 2005

Suggested Citation

  • Jules Stuyck, 2005. "EC Competition Law After Modernisation: More than Ever in the Interest of Consumers," Journal of Consumer Policy, Springer, vol. 28(1), pages 1-30, November.
    • Handle: RePEc:kap:jcopol:v:28:y:2005:i:1:p:1-30
    DOI: 10.1007/s10603-004-6052-4
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    Citations

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    Cited by:

    1. John K. Ashton & Andrew D. Pressey, 2007. "The Regulatory Perception of the Marketing Function: an Interpretation of UK Competition Authority Investigations 1950-2005," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2007-, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    2. John K. Ashton & Andrew D. Pressey, 2012. "Who Manages Cartels? The Role of Sales and Marketing Managers within International Cartels: Evidence from the European Union 1990-2009," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2012-11, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    3. Dzmitry Bartalevich, 2016. "The Influence of the Chicago School on the Commission's Guidelines, Notices and Block Exemption Regulations in EU Competition Policy," Journal of Common Market Studies, Wiley Blackwell, vol. 54(2), pages 267-283, March.
    4. Cafaggi, Fabrizio & Muir Watt, Horatia, 2007. "The Making of European Private Law: Regulation and Governance design," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.
    5. John Ashton & Khac Pham, 2007. "Efficiency and Price Effects of Horizontal Bank Mergers," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2007-09, Centre for Competition Policy, University of East Anglia, Norwich, UK..

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