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From Deontology to Pragmatism:

Dynamicity in the Pursuit of Goals of Competition Law in the EU

Henrique Schneider

DOI https://doi.org/10.21552/core/2017/3/11



This article discusses the dynamic adaptation of the goals of competition law in the European Union. After an introduction, it develops an analytic framework in form of a morphological table with different goals, their theoretical underpinnings and the rule-source for them. Then, the case practice of the EU is reviewed using this morphological table. In the case law, as well as in the communications of the European Commission, a variety of goals come to light. Also, it does not seem that any goal trumps the others. Rather, the goals of competition law in the EU are adapted pragmatically on a case-by-case basis. This article concludes by saying that this finding is not a surprise but the very practice might be problematic. Too much pragmatism might lead to arbitrariness.

Henrique Schneider, Chief Economist, Swiss Federation of Small and Medium-sized Enterprises (sgv), and Member of the Swiss Competition Commission. For correspondence: <mailto:hschneider@gmx.ch>.

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