ABSTRACT

This chapter begins with the task of competition law in a social market economy. It offers a general discussion on the hierarchical objectives of the Union in the context of competition, welfare and society. The chapter draws on the realization that the term 'social' and its variants are virtually absent from EU competition law, not only from primary and secondary legislation, but also with regard to the relevant soft law. It argues that social policy works as an external limitation to the scope of competition law and discusses the aspects and examines the way in which social considerations work within competition law. The chapter shows that the search for the social content of competition law touches upon the very essence of the 'market economy'. Social security organisms and labour markets are the most prominent examples for exceptions to the application of competition law.