ABSTRACT

The inclusion of competition policy in the founding Treaty of Rome in 1957 was pivotal for setting European economic integration in motion. Competition is the engine of market capitalism. It gives rise to a relationship of contention and rivalry between undertakings that strive for market supremacy and economic survival. Market players frequently try to evade the vicissitudes of the competitive process. Monopolisation, collusion and cartelisation in the form of fixing prices, prorating geographical markets and distribution channels are examples thereof. Traditionally, the proclivity of market players to abuse their market position brought competition policy into existence. Situated at the interface of both enabling and constraining private market power, within the setting of European integration, competition policy constituted a focal point for opening up national markets and providing market access for newcomers. It regulates the conditions of commercial agreements and determines the degree of market concentration.