Monéger, Joël --- "Competition, Regulation and System Coherence" [2006] ELECD 311; in Ullrich, Hanns (ed), "The Evolution of European Competition Law" (Edward Elgar Publishing, 2006)

Book Title: The Evolution of European Competition Law

Editor(s): Ullrich, Hanns

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427016

Section: Chapter 10

Section Title: Competition, Regulation and System Coherence

Author(s): Monéger, Joël

Number of pages: 17

Extract:

10. Competition, regulation and system
coherence
Joël Monéger*
For as much as your most excellent Majesty, in your royal judgment, and
your blessed disposition to the weal and quiet of your subjects, did in the
year of our Lord God one thousand six hundred and ten publish in print to
the whole realm and all posterity that all monopolies are contrary to your
Majesty's Laws; and whereas nevertheless upon misinformation and untrue
pretences of public good, many such grants have been unduly obtained, and
unlawfully put in execution, for avoiding whereof, and preventing of the
like in time to come, be it declared and enacted that:
I. All monopolies and all commissions, grants, licenses, charters and
letters patents heretofore made and granted, or hereafter to be made or
granted, to any person or persons, bodies politick or corporate whatsoever,
of or for the sole buying, selling, making, working or using of any thing
within this realm, or of any other monopolies, or of power to give license
or toleration to do, use or exercise any thing against any Law . . . are
contrary to the Law of this realm, and so are and shall be utterly void.

From `The Statute of Monopolies' 21 Jac. 1, c 3 (1623)1

Competition where possible, regulation when necessary

From Kay and Vickers, `Regulatory Reform; an appraisal',
in G. Majone (ed.), Pinter Publishers, p. 223, 1990



* Professor, Université Paris-Dauphine.
1 From L. B. Schwartz, J. J. Flynn, H. First, Free Enterprise and ...