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28 J. Consumer Pol'y 1 (2005)

handle is hein.journals/jrncpy28 and id is 1 raw text is: Jules Stuyck EC Competition Law After Modernisation: More Than Ever in the Interest of Consumers ABSTRACT. In this paper it is argued that even though the consumer cannot (any- more) be reduced to a homo oeconomicus, competition law is the cornerstone of consumer law and that the decentralised application of EC competition law since 1 May 2004 (pursuant to Regulation 1/2003) gives new opportunities for an effective applica- tion of the EC competition rules to the benefit of consumers. While the EC Treaty (and the future Constitution for Europe) aim to protect consumers in the framework of the internal market programme, as well as on the basis of a genuine consumer protection policy, it is submitted that an effective competition policy remains crucial for consumers in a market economy. Consumer interests are generally diffuse and therefore difficult to protect via legal procedures. Nevertheless a further development of remedies which are already available in Community law (nullity of restrictive agreements, claims for dam- ages, actions for a cease and desist order, and so on) will contribute to an increased application of the competition rules in the interest of consumers. Competition policy is one of the common policies of the EC. The common market supposes the absence of both state obstacles and private barriers to the exercise of cross-border activities within the Community. In addition, the Treaty fathers obviously chose a system of undistorted competition (Article 3(g)) because they believed that this would contribute to a constant and balanced development of economic activities and the improvement of the standard of living in the Community (see the objectives of the Treaty, as expressed in the original Article 2). Much later the Treaty of Maastricht (1992) added that the activities of the Member States and of the Community shall include the adoption of an economic policy which is conducted in accordance with the principle of an open market economy with free competition. The same Treaty made consumer policy one of the (less central) flanking policies. The Charter of Fundamental Rights, which is now incorporated in the Treaty Establishing a Constitution for Europe (approved at the summit of 18 June 2004, still to be formally signed and ratified by the Journal of Consumer Policy (2005) 28: 1-30 © Springer 2005

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