Jones, Clifford A. --- "Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market" [2011] ELECD 756; in Drexl, Josef; Grimes, S. Warren; Jones, A. Clifford; Peritz, J.R. Rudolph; Swaine, T. Edward (eds), "More Common Ground for International Competition Law?" (Edward Elgar Publishing, 2011)

Book Title: More Common Ground for International Competition Law?

Editor(s): Drexl, Josef; Grimes, S. Warren; Jones, A. Clifford; Peritz, J.R. Rudolph; Swaine, T. Edward

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849803946

Section: Chapter 16

Section Title: Penumbras of European Union Competition Law: External Governance, Extraterritoriality, and the Shifting Borderlands of the Internal Market

Author(s): Jones, Clifford A.

Number of pages: 18

Extract:

16. Penumbras of European Union
competition law: External
governance, extraterritoriality,
and the shifting borderlands of the
internal market
Clifford A. Jones

1 INTRODUCTION: THE ROLE OF COMPETITION
POLICY IN THE EU

Competition policy in the European Union finds its origins in the fun-
damental purposes of the original EEC Treaty to integrate the separate
national markets of its Member States into a single or `common market'.
Prior to the seminal ECSC Treaty in 1952, cartels in Europe were favour-
ably regarded as engines of industrial development driving the economic
growth of Europe, especially in Germany.1 Indeed, cartels were respected
economic institutions, and economy by cartel was the rule in Europe prior
to 1945.2 Harding and Joshua's literature review on the behaviour of
cartels in Europe portrays cartel history from private systems of transna-
tional trade regulation to government-encouraged market stabilization to
the compulsory cartelization in Nazi Germany.3
When the `Schuman Plan' for the creation of the European Coal
and Steel Community (1952­2002), precursor to the former European
Community and present European Union, was presented to US Secretary


1 See, generally, C Trebilcock, The Industrialization of the Continental Powers

1780­1914 (1981).
2 HG Schröter (1996), `Cartelization and decartelization in Europe, 1870­

1995: Rise and decline of an economic institution' (1996) 25(1) J Eur Econ Hist
129, at 137. See, also, CA Jones, Clifford, Private Enforcement of Antitrust Law in
the EU, UK, and USA (1999) at 23­8.
3 C Harding and ...