European Law: Substance

This final Part analyses the substantive heart of European law, that is: the law governing the internal market and European competition law. From the very beginning, the central economic task of the European Union was the creation of a “common market”. The Rome Treaty had not solely provided for a common market in goods. It equally required the abolition of obstacles to the free movement of persons, services and capital. Europe’s “internal market” was thus to comprise four fundamental freedoms. Two of these freedoms will be discussed in turn: Chapter 9 looks at the free movement of goods, while Chapter 10 examines the free movement of persons. The two subsequent chapters analyse two pillars of European competition law: Articles 101 and 102 TFEU. The former deals with anti-competitive agreements, the latter concerns the abuse of a dominant position by an undertaking. European competition law is thereby traditionally seen as a functional complement to the internal market. It would – primarily – protect the internal market from private power.

1. Chapter 9 Internal market: goods

2. Chapter 10 Internal market: persons

3. Chapter 11 Competition law: cartels

4. Chapter 12 Competition law: abuse