The "Right of Defense" in the Control of Restrictive Practices under the European Community Treaties

Abstract

The supra-national control of restrictive business practices and concentrations provided for in the European Economic Community Treaty which came into effect in 1958' marks a new and important expansion of regulatory laws in this field. Business both in the Six2 member countries and outside of the European Community whose dealings bring them within the jurisdiction of the EEC Treaty are compelled to appraise the effect of this Treaty upon their plans and activities. Articles 85 to 90 under the title Rules Governing contain many new and unfamiliar features. Their scope is open to speculation and the exact role of the Community agencies and their implementation is as yet undetermined. The Commission created by the Treaty to act as the principal executive authority of the Community is given certain quasi-judicial functions in the enforcement of these rules. It has in turn set up a special subcommittee on Competition composed of three members of the Commission,3 and in the administration there has been created a special division or bureau entitled Understandings, Monopolies, Dumping and Discrimination under Mr. Verloren van Themaat, formerly administrator of the Dutch agency dealing with restrictive practices. The machinery of the Community includes a Council authorized to promulgate Regulations governing the application of these Rules4 and a multi-national Court of Justice to hear appeals from the Commission's decisions with power to annul them if they violate the Treaty or any rule of law relating to its application and to hear cases brought by member states.