欧共体竞争法与成员国竞争法关系初探

由于均对各自适用范围做扩张性解释,因而欧共体竞争法与成员国竞争法在适用范围上不可避免地产生了重叠, 二者构成了一利双重控制体系。但这种双重控制体系又是有条件的双重控制体系,即当二者之间有冲突时,应以共同体竞争法的效力为优先。随着统一大市场的形成以及从属原则被确立为欧盟法的基本原则,这种双重控制体系面临瓦解的可能,在未来有必要对两套法律体系的适用范围进行重新划定,从而使其各行其是,互不干涉,而且预计成员国竞争法的地位会得到相应提升,并发挥其应有的作用。

An Elementary Discussion on the Relations between the European Community Competition Law and Member State Competition Law

Because of their both expansive interpretation in their scope of application, the European Community Competition Law and Member State Competition Law bring about overlap inevitably in the scope of application. The two laws constitute a dual control system. But the dual control system is a conditional one. That is to say, when they conflict with each other, the European Community Competition Law takes precedence. With the forming of the unified market and the subordinate principle's being established as the basic principle of European Union Law, the dual control system is confronted with the possibility of collapse. And in the future it's necessary to delimit again the scope of application of the two law systems so that each can go its own way without any interference. It's estimated that the position of Member State Competition Law will relevantly be heightened and play its proper role.