In this paper I will address the emergence of the European competition law in the 1950s and early 1960s and draw a special focus on how Germany and its national competition policy influenced the European course.
The main part of this paper is subdivided into three parts, the Competition Policy in Germany, the European Coal and Steel Community and the European Economic Community.
Therefore I will first discuss the development of German competition policy.
In particular, I will explain the deconcentration and decartelisation of the German coal and steel industry. Thereafter I will give a short introduction into ordoliberalism as it influenced the German idea of competition policy and lastly give a summary of the history of the German competition law’s beginnings.
Afterwards I will deal with the foundation of European Coal and Steal Community and analyse the Treaty of Paris, the treaty which established the ECSC. Finally I will draw attention on how the Treaty of Paris was implemented and shortly comment on the reconcentration of the German steel industry.
In the last part I will discuss the emergence of the European Economic Community. I will give an overview of the drafting of the Spaak Report and thereafter discuss the Treaty of Rome and the competition policy provisions it contains. That leads me to Regulation 17/62 which implements the Treaty of Rome to finally conclude with the German influence on the
Treaty of Rome and Regulation 17.
Table of Contents
1. Introduction
2. Competition policy in Germany
2.1. Deconcentration and Decartelisation in Germany
2.2. Ordoliberalism
2.3. The Beginnings of German Competition Policy after the Second World War
3. The European Coal and Steel Community
3.1. The Foundation of the ECSC
3.2. The Treaty of Paris
3.3. Implementation of the Treaty of Paris and Reconcentration in Germany
4. The European Economic Community
4.1. The Spaak Report
4.2. The Treaty of Rome
4.3. German Influence on the Treaty of Rome
4.4 Regulation 17 and the Implementation of the Treaty of Rome
5. Conclusion
6. Bibliography
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