From a general point of view, it can be argued that legal reasoning encompasses the concept of reasonableness, been as the establishment of a set of rules necessarily implies allowing a margin of flexibility. The latter may take one of several forms, ranging from exceptions and derogations to exemptions. Either way, a comparison of different competing values will need to be applied by the legislator, executive or the judiciary. As far as competition law is concerned, the so-called “rule of reason”, a notion of elasticity allowing for exceptions from a rigid rule to be established, was developed in US antitrust law long before the creation of the European Union. The aim of this paper is to determine whether such a concept can play a role in the EU internal market and to analyse if, and how, it has been applied in that context. A response to such a legal conundrum will be given by effecting a comparative analysis of two distinct facets, namely the market rules dealing with competition and those linked to the free movement of goods, persons, services and capital.

What "rule of reason" for the EU Internal Market?

ROSSI, LUCIA SERENA;CURZON, STEPHEN JAMES
2008

Abstract

From a general point of view, it can be argued that legal reasoning encompasses the concept of reasonableness, been as the establishment of a set of rules necessarily implies allowing a margin of flexibility. The latter may take one of several forms, ranging from exceptions and derogations to exemptions. Either way, a comparison of different competing values will need to be applied by the legislator, executive or the judiciary. As far as competition law is concerned, the so-called “rule of reason”, a notion of elasticity allowing for exceptions from a rigid rule to be established, was developed in US antitrust law long before the creation of the European Union. The aim of this paper is to determine whether such a concept can play a role in the EU internal market and to analyse if, and how, it has been applied in that context. A response to such a legal conundrum will be given by effecting a comparative analysis of two distinct facets, namely the market rules dealing with competition and those linked to the free movement of goods, persons, services and capital.
STUDI SULL'INTEGRAZIONE EUROPEA
L.S.Rossi; S.J.Curzon
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11585/65042
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