The Role of Consumer Welfare in EU Competition Policy: How Understanding the Priority Conferred Upon Competition Policy Objectives May Shed Light on Modern Day Inconsistencies
(2020) JAEM03 20201Department of Law
Faculty of Law
- Abstract
- At the turn of the century the Commission announced its intention to introduce a ‘more economic approach’ to EU competition law. Beyond incorporating modern economic theory into its enforcement practices, such a modernised approach to competition law was also to entail bringing the Union’s competition policy objectives in line with such modern economic theory. In particular, as expressed by Mario Monti, the Commissioner for Competition at the time, the competition policy of the Union was to undergo a shift towards a focus on the economic welfare
of consumers. The question arises therefore, as to whether such a shift in focus has in fact taken place, as well as what consequences such a change in focus may have for the enforcement practices... (More) - At the turn of the century the Commission announced its intention to introduce a ‘more economic approach’ to EU competition law. Beyond incorporating modern economic theory into its enforcement practices, such a modernised approach to competition law was also to entail bringing the Union’s competition policy objectives in line with such modern economic theory. In particular, as expressed by Mario Monti, the Commissioner for Competition at the time, the competition policy of the Union was to undergo a shift towards a focus on the economic welfare
of consumers. The question arises therefore, as to whether such a shift in focus has in fact taken place, as well as what consequences such a change in focus may have for the enforcement practices of both the Commission and the Court of Justice.
In light of the foregoing, this thesis examines the extent to which consumer welfare may be identified as the primary objective of contemporary EU competition policy. It seeks to define the concept of consumer welfare itself, as this has proven somewhat of an elusive concept despite its prominence in both competition law and economics. Moreover, it contextualises the consumer welfare objective within the multivalued tradition of Union competition policy by analysing the alternative objectives against which consumer welfare may be deemed as primary.
Having analysed such alternative objectives, this thesis also evaluates the ways in which the enforcement practices of the Commission, especially following the aforementioned modernisation process, indicate that consumer welfare be given priority in EU competition law. However, the jurisprudence of the Court is also taken into account and utilised to highlight certain inconsistencies between the practices of each of these institutions as regards the objectives of competition policy.
Ultimately the conclusion of this thesis acknowledges that, from the point of view of the Commission, consumer welfare constitutes the primary objective of competition policy,followed closely by the market integration objective. However, the same may not be said of the Court. As a consequence, the thesis additionally makes clear that action is needed in order to address existing inconsistencies between the practices of the two institutions responsible for competition law enforcement. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9030958
- author
- Andersen, Emily LU
- supervisor
- organization
- course
- JAEM03 20201
- year
- 2020
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9030958
- date added to LUP
- 2020-10-15 17:31:35
- date last changed
- 2020-10-15 17:31:35
@misc{9030958,
abstract = {{At the turn of the century the Commission announced its intention to introduce a ‘more economic approach’ to EU competition law. Beyond incorporating modern economic theory into its enforcement practices, such a modernised approach to competition law was also to entail bringing the Union’s competition policy objectives in line with such modern economic theory. In particular, as expressed by Mario Monti, the Commissioner for Competition at the time, the competition policy of the Union was to undergo a shift towards a focus on the economic welfare
of consumers. The question arises therefore, as to whether such a shift in focus has in fact taken place, as well as what consequences such a change in focus may have for the enforcement practices of both the Commission and the Court of Justice.
In light of the foregoing, this thesis examines the extent to which consumer welfare may be identified as the primary objective of contemporary EU competition policy. It seeks to define the concept of consumer welfare itself, as this has proven somewhat of an elusive concept despite its prominence in both competition law and economics. Moreover, it contextualises the consumer welfare objective within the multivalued tradition of Union competition policy by analysing the alternative objectives against which consumer welfare may be deemed as primary.
Having analysed such alternative objectives, this thesis also evaluates the ways in which the enforcement practices of the Commission, especially following the aforementioned modernisation process, indicate that consumer welfare be given priority in EU competition law. However, the jurisprudence of the Court is also taken into account and utilised to highlight certain inconsistencies between the practices of each of these institutions as regards the objectives of competition policy.
Ultimately the conclusion of this thesis acknowledges that, from the point of view of the Commission, consumer welfare constitutes the primary objective of competition policy,followed closely by the market integration objective. However, the same may not be said of the Court. As a consequence, the thesis additionally makes clear that action is needed in order to address existing inconsistencies between the practices of the two institutions responsible for competition law enforcement.}},
author = {{Andersen, Emily}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Role of Consumer Welfare in EU Competition Policy: How Understanding the Priority Conferred Upon Competition Policy Objectives May Shed Light on Modern Day Inconsistencies}},
year = {{2020}},
}