ABSTRACT

The role that the European Court (EC) sculpted for itself in the competition law system centred on intellectual leadership. Rather than limiting itself to ruling on the facts of individual cases, the Court frequently enunciated broad principles and values. It looked to the future and aimed at guiding the Commission in its development of competition policy. The atomistic nature of competition law with its presumption of rivalry and independence can, if left unfettered, give rise to potential social costs. The price mechanism at the heart of competition policy is based upon motivations of private gain and private cost. National courts can, like the Commission, declare practices which breach Articles 85 and 86 EC to be void. It should be noted that the main sources of supply of wood pulp are outside the Community, in Canada, the United States, Sweden and Finland and that the market therefore has global dimensions.