Research On The Method Of European Competitive Law Integration

The Treaty of Rome was signed in 1957,although the treaty listed "establishing a system that guarantees that the competition in the common market is not distorted" as one of the main measures to achieve the objectives of the Community,and it also established the main entity content of the EC competition law(Article 85&86),but in fact,the fate of the EC competition law is still uncertain in many aspects.The Regulation No.17 of 1962 changed this situation and laid the foundation for the development of the European competition law.Regulation No.17 established a competition law enforcement system that includes a universal prohibition system which clarifies the nature and validity of Articles 85 and 86 of the Treaty of Rome,and an exemption system.This system is independent from the prohibition system and operates in accordance with administrative procedures.It also stipulated for the prohibition system and the exemption system corresponding procedures,penalties and other ancillary measures,the most important of which is the notification of restrictive agreements.Upon those institutions the European Community's competition law formed a Commission-centered law enforcement system,which was a practice of bureaucratic administration in a transnational space.The Commission's activities in the implementation of competition laws reflect instrumental and rationalist approaches.Although the promulgation of the Regulation No.17 has solved most of the problems left behind by the Treaty of Rome,providing the Community Competition Law with a definite institutional framework,but the relationship between the Community Competition Law and the domestic law of Member States was still largely left uncertain.This has a lot to do with the Community's organizational design.European Court,owe to its unique position,played an important role in shaping the relationship between the Community-Based Competition Lawand the Member States Competition Law in the early development of the Community Competition Law and its expansion and building of its supremacy in Member States.The Commission explained the Community Competition Law in the case,in particular through the use of a teleological approach in the adjudication of preliminary rulings submitted by the courts of Member States,so that the Community Competition Law System can gain a higher status or result in constraints over Member States' legal system.The interaction and cooperation between the European Court of Justice and the courts of Member States played a crucial role in the integration of European competition law.The court also acts,in a large extent,like a legislator in early phases.With the development and maturity of the European competition legal system,the relationship between the European Court of Justice and the Commission gradually returned to its normal position.The great changes in European internal and external circumstances at the end of the 20 th century and the inherent impetus as a result of the development of the European competition law have prompted the corresponding changes in the competition law system.Regulation 1/2003 a product of such changes.The regulations eliminated the registration system and decided to use automatic exemptions,thereby fundamentally shifted implementation of the European competition law from a formalistic regulatory system to an effect-based system.The regulations also gave to national competition law authorities of the Member States the equivalent right of implementation as the Commission,thus allowing the Commission to complete its transition from a law enforcer to a decision maker.On this basis,the competition law of Member States has become unnecessary of independent existence in most fields,and the integration of European competition law has reached an unprecedented degree.