Is anything more Important than Consumer Welfare (in Article 81 EC)? Reflections of a Community Lawyer

Abstract

This chapter discusses whether Article 81 EC has a unique consumer welfare goal. It argues that public policy goals must also be considered within Article 81 EC today.Competition policy cannot be made rational until one decides what it is there to achieve and whether it is to have one goal, or many. Community competition law’s goals are rarely discussed, but many of the Commission’s policy statements now assert that the objective of Article 81 EC is to protect competition on the market as a means of enhancing consumer welfare and ensuring an efficient allocation of resources. There is no room in the Commission’s new world for public policy goals. Many Community competition lawyers support the Commission’s new approach.