Skip to Main content Skip to Navigation
Journal articles

European Competition Soft Law in European Courts: A Matter of Hard Principles?

Abstract : This article analyses whether and how competition soft law instruments are taken into consideration by the European Courts and the Advocates General. The quantitative analysis of the case-law reveals that even if arguments based on competition guidelines or notices were brought to court since the early days of European law, it is only during the last two decades that they have been taken seriously. The results of the qualitative analysis point to the fact that soft law instruments are considered by the European Courts an important and specific part of the body of European norms that they should use when deciding cases submitted for their judgment. Legal effects are recognised to these not legally binding instruments, but only when it serves the enforcement of hard, general principles of law.
Document type :
Journal articles
Complete list of metadatas

https://hal-hec.archives-ouvertes.fr/hal-00516616
Contributor : Antoine Haldemann <>
Submitted on : Friday, September 10, 2010 - 1:52:49 PM
Last modification on : Friday, September 10, 2010 - 1:52:49 PM

Links full text

Identifiers

Collections

Citation

Oana Stefan. European Competition Soft Law in European Courts: A Matter of Hard Principles?. European Law Journal, Wiley, 2008, Vol.14, n°6, pp.753-772. ⟨10.1111/j.1468-0386.2008.00443.x⟩. ⟨hal-00516616⟩

Share

Metrics

Record views

217