This Article first presents a short sketch of the competition rules of the EEC Treaty with a view towards showing not only the cohesive factors but also the asymmetries that characterize the Treaty system. In some respects, the case law of the Court of Justice (Court) has remedied those asymmetries; in others it has exacerbated the existing disparities and thereby weakened the present competition rules. This Article then postulates that the Community needs a complete system of competition rules, that is to say, a unified system that facilitates control of the activities not only of private operators but also of the Member States and their economic agencies. Because the regulation of private operators is already well developed, this Article concentrates on the possibility of obtaining greater control over Member States.
Public and Private Aspects of European Community Competition Law,
10 Fordham Int'l L.J. 373
Available at: http://ir.lawnet.fordham.edu/ilj/vol10/iss3/1