Richard M. Buxbaum,
Antitrust Regulation within the European Economic Community, 61
Colum. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/1285
The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant market. European commentators have generally ignored Article 86 of the Rome Treaty, which forbids abusive exploitation of a dominant position within the common Market or a material part thereof by one or more enterprise, if the exploitation could detrimentally affect trade between member states. One of the few national statutes resembling Article 86 is Section 22 of the German Cartel Law.