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THE INFLUENCE OF ORDOLIBERALISM ON EUROPEAN COMPETITION LAW
Abstract
The article explores influence of Ordoliberal School of economic thinking, also known as Freiburg School of economic thought on the competition law and policy of the European Communities and later the European Union. Methodology, brief history and members of the tradition shall be introduced, with particular focus and emphasis on Walter Eucken (1891–1950), the founder of the School, Franz Böhm (1895–1977), author of the school's competition policy/law drafts, Hans Großmann-Doerth (1894–1944) and Friedrich August von Hayek (1899–1992), who provides a connection between Ordoliberalism and Austrian School of economics. Basic insight into post-war German competition law will be provided to illustrate the effect it had on the competition law and policy of the European Communities. Separate evaluation of every competition policy field – abuse of dominance, cartels, merger and acquisition control and state subsidy control – will be provided with emphasis on distinct ordoliberal features in every field. These points will be illustrated by relevant landmark cases. In conclusion will be discussed the influence that bears the current state of the European Union competition policy.
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