Analysis and Critique of European Union Competition Law Rules and Practices from the Perspective of Public Economic Law

Abstract

Using an analytical–descriptive method and relying on primary legal and documentary sources of the European Union, this study seeks to answer the following question: How can the rules and practices of European Union competition law be analyzed from the perspective of public economic law? The findings indicate that European Union competition law constitutes one of the most important legal instruments for ensuring the proper functioning of the internal market and safeguarding effective competition within the Union’s economy. Based on the fundamental provisions of the Treaty on the Functioning of the European Union, particularly Articles 101 and 102 TFEU, as well as the rules governing merger control and cooperation among competition authorities, this legal regime provides a comprehensive framework for addressing anticompetitive conduct by undertakings. The principal objective of these rules is to prevent the creation or reinforcement of market power in a manner capable of undermining effective competition, consumer welfare, and economic innovation. From an institutional perspective, the European Union’s competition policy also benefits from a relatively effective structure. The European Commission, as the principal authority responsible for enforcing competition rules, possesses extensive investigative and decision-making powers, while its decisions remain subject to judicial review by the General Court and the Court of Justice of the European Union. In addition, the establishment of the European Competition Network (ECN) has strengthened cooperation between the Commission and the national competition authorities of the Member States and has facilitated more coordinated enforcement of competition rules throughout the Union. This institutional framework has contributed to making the European Union one of the most effective competition-law enforcement systems worldwide.