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Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?

Nowag, Julian LU (2012) In The Treaty of Lisbon and the Future of European Law and Policy p.398-412
Abstract
The paper examines whether the changes in the objectives of the EU means a change in the competition acquis. A three step analysis leads to the conclusion that this has not to be expected. Initially the status of competition in the constitutional hierarchy under the old EC Treaty is examined before the detailed changes under the Lisbon Treaty are set out. The paper then investigates whether the amendment of the Lisbon Treaty changes the relationship between competition and other EU goals and suggest that a weakening is not to be feared. Instead an argument for a increased relevance of competition in the Treaty could be made. Finally, the paper addresses the fear of whether the case law that relied on the deleted and transposed initial... (More)
The paper examines whether the changes in the objectives of the EU means a change in the competition acquis. A three step analysis leads to the conclusion that this has not to be expected. Initially the status of competition in the constitutional hierarchy under the old EC Treaty is examined before the detailed changes under the Lisbon Treaty are set out. The paper then investigates whether the amendment of the Lisbon Treaty changes the relationship between competition and other EU goals and suggest that a weakening is not to be feared. Instead an argument for a increased relevance of competition in the Treaty could be made. Finally, the paper addresses the fear of whether the case law that relied on the deleted and transposed initial ‘common provisions’ needs to be changed. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU-law, EU-rätt
in
The Treaty of Lisbon and the Future of European Law and Policy
editor
Trybus, Martin and Rubini, Luca
pages
398 - 412
publisher
Edward Elgar Publishing
external identifiers
  • Scopus:84881770581
ISBN
9780857932556
language
English
LU publication?
yes
id
bc5d4c26-8805-4020-98b2-cef807602ef0
alternative location
http://ssrn.com/abstract=2237664
date added to LUP
2016-08-19 17:57:33
date last changed
2017-01-01 08:32:25
@inbook{bc5d4c26-8805-4020-98b2-cef807602ef0,
  abstract     = {The paper examines whether the changes in the objectives of the EU means a change in the competition acquis. A three step analysis leads to the conclusion that this has not to be expected. Initially the status of competition in the constitutional hierarchy under the old EC Treaty is examined before the detailed changes under the Lisbon Treaty are set out. The paper then investigates whether the amendment of the Lisbon Treaty changes the relationship between competition and other EU goals and suggest that a weakening is not to be feared. Instead an argument for a increased relevance of competition in the Treaty could be made. Finally, the paper addresses the fear of whether the case law that relied on the deleted and transposed initial ‘common provisions’ needs to be changed.},
  author       = {Nowag, Julian},
  editor       = {Trybus, Martin and Rubini, Luca},
  isbn         = { 9780857932556},
  keyword      = {EU-law,EU-rätt},
  language     = {eng},
  pages        = {398--412},
  publisher    = {Edward Elgar Publishing},
  series       = {The Treaty of Lisbon and the Future of European Law and Policy},
  title        = {Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?},
  year         = {2012},
}