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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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The Relationship of Free Movement and Competition Law

The Relationship of Free Movement and Competition Law

Chapter:
(p.114) IV The Relationship of Free Movement and Competition Law
Source:
Private Regulation and the Internal Market
Author(s):

Mislav Mataija

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746652.003.0004

Chapter IV addresses the overlap between competition and free movement law, raised most frequently by cases of private regulation. The two sets of rules are complementary, but their underlying assumptions have diverged and there are growing differences in the relevant enforcement mechanisms and remedies. The chapter discusses whether the rules should converge or if, alternatively, they should be strictly separated. Instead, the CJEU’s strategy has been to treat them as two clearly distinct legal tests that can apply simultaneously. While this approach increases complexity and the likelihood of error, the chapter broadly agrees with it, but argues that the Court has not been sufficiently consistent. In particular, hybrids and shortcuts, such as equating a violation of one set of rules with a violation of the other, should be avoided because they may mislead national courts and because of the differences in the institutional set-up and remedies.

Keywords:   free movement and competition, overlap, convergence, conflict, market integration, error costs, doctrinal differences, differences in remedies, institutional design

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