Nowag, Julian --- "Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?" [2012] ELECD 531; in Trybus, Martin; Rubini, Luca (eds), "The Treaty of Lisbon and the Future of European Law and Policy" (Edward Elgar Publishing, 2012)

Book Title: The Treaty of Lisbon and the Future of European Law and Policy

Editor(s): Trybus, Martin; Rubini, Luca

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857932556

Section: Chapter 21

Section Title: Changing the Competition Regime Without Altering the Treaty’s Chapter on Competition?

Author(s): Nowag, Julian

Number of pages: 15

Extract:

21. Changing the competition regime
without altering the Treaty's chapter
on competition?
Julian Nowag*

1. INTRODUCTION

The Lisbon Treaty has left the competition provisions virtually untouched.1
Yet President Nicola Sarkozy claimed that a `major reorientation on the
objectives of the Union [has been achieved, as] [c]ompetition is no longer
an objective of the Union or an end in itself, but a means to serve the
internal market'.2 This chapter will investigate this claim and will determine
whether this change in the objectives means a change in the competition
acquis.3 It will therefore analyze the status of competition in the constitu-
tional hierarchy of the European Union and examine the constitutional

* I am grateful to Nadine Zipperle, Ariel Ezrachi, Luca Rubini, Constanze
Semmelmann and the participants of the After Lisbon: The Future of European
Law and Policy conference held at the Law School of Birmingham on the 24­25
June 2010, for invaluable comments, questions and suggestions on earlier versions
of this article.
1
Only a new Article 105 (3) has been added to the TFEU. This Article allows
the Commission to adopt regulations `relating to the categories of agreement in
respect of which the Council has adopted a regulation or a directive pursuant to
Article 103 (2) (b)' (i.e. Council measures adopted with regard to the former Article
81 (3) EC).
2
Sarkozy, N. (Paris, 23 June 2007), `Conférence de presse finale à l'occasion du
Conseil européen à Bruxelles', available at: http://www. ...