Ideologies of Competition in European Community LAW1 (original) (raw)

1989, The Modern Law Review

is the deadline for completing the European Community's internal market.' As this date approaches, the European Community and its Member States are likely to emphasise increasingly "the institution of a system ensuring that competition in the common market is not distorted" (Article 3(f) EEC (European Economic Community Treaty)). In doing so, they should not, however, presume that this provision of the Treaty of Rome is to be given simply a literal interpretation. Now, more than ever before, it is important to bear in mind that "the distortion of competition" does not have a single, clear, generally accepted meaning. Instead, as 1 argue here, "the distortion of competition" has at least two sharply contrasting connotations. They form part of different conceptions of European Community economic law. These divergent meanings, conceptions and related general ideologies, often integral to distinct political practices, are typically shaped by different social and economic contexts. I illustrate these points here by using a specific example. My general purpose, however, is to advance two related arguments. First, these competing perspectives constitute conflicting legal ideologies, which to some extent are mutually contradictory. Secondly, in making economic law and policy to complete the internal market, the European Community ' A prcliminary, much shortcr vcrsion of this papcr was prcxntcd at thc Colloquc sur Ics Distorsions dc Concurrcncc cn MatiBrc agricolc dans la C.E.E.. Univcrsitd dc Tours, Tours, Francc, Octobcr 67, 1987; it is bcing publishcd in thc Annales de la Facultk de Droit er des Sciences bconomiqices de I'llniversirb de Tours. I wish to thank Thc Nufficld Foundation for financial support; thc Commission of thc Europcan Communitics. thc Fdddration Nationalc Ovinc and thc U.K. Meat and Livcstock Commission for documents; Jcan-Picrrc Boutonnct, Tim Frazcr, Profcssor Valcntinc Korah and Siln Milcs for commcnts; and John Tillotson for commcnts and rcscarch assistancc. Nonc of thcsc individuals has sccn thc final vcrsion of the papcr, and I alonc am rcsponsiblc for its contcnts.