The Liberal Bases of EU Competition Policy and the Case of Gas Sector

Abstract

The TFEU is not defining competition. The definition we propose is: A policy bound to: detect and deter cartels; avoid mergers leading to abuse of dominant position, control and prohibit State aid, promote liberalisations. This definitions contains the mail elements of the liberal theory of competition. The paper explores them: entry freedom, competition order, state aids and cartels. Liberalizations are strictly linked to Einaudi’s concept of “juridical possibility of having competition”. The third Gas Directive represents an example of this “juridical possibility”. Progresses in its application have been small. Furthermore the crisis has produced a sort of euro-sclerosis of the liberalization process. The revitalization of liberalisations is essential to regain growth in Europe.