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Containing Corporatism: EU Competition Law and Private Interest Government

By  |  January 18, 2015

Posted by Social Science Research Network

Cartel Settlements Seldom Surpass Actual Damages– Wolf Sauter ( Tilburg Law and Economics Center)

Abstract: Corporatism, or private interest government, raises objections both from a democratic and from an economic perspective. This paper examines the application of EU competition law to private rule making that is purportedly in the public interest. Earlier case law holding Member States responsible for anticompetitive delegation (Van Eycke) can be contrasted with case law that focuses on the inherent restrictions of the pursuit of public policy aims and keeps some private arrangements outside the scope of the cartel prohibition altogether.