The Historical Foundations of EU Competition Law

Kiran Klaus Patel serves as Professor of European and Global History in Maastricht, the Netherlands. Before joining Maastricht University, he held a professorship at the European University Institute in Florence, Italy, and an assistant professorship at Humboldt University in Berlin. He has been (inter alia) a visiting fellow/professor at Harvard University, the Ecole des Hautes Etudes en Science Sociales in Paris, Oxford University, and the Freiburg Institute of Advanced Studies. He has published widely on the history of European integration and transatlantic relations. Heike Schweitzer is Professor of Private Law, European Economic Law and Competition Law in Mannheim, Germany. Before joining Mannheim University, she held the chair for European Competition Law at the European University Institute in Florence, Italy. She received her legal education in Freiburg, Germany, and at the Yale Law School, and she served as a research fellow at the Max-Planck-Institute for Comparative and International Private Law and at Columbia Law School. She has published widely on issues of competition law, including state aid and public procurement law, as well as on issues of regulation (telecommunications, media, and health).

Introduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period