酝酿中的革新——欧盟竞争规则执行机制的现代化

Brewing Innovation——Enforcement Mechanism Modernization of EU Competition Rule

欧盟竞争规则作为一种超国家法,在处理成员国之间跨境的限制竞争行为、分配欧委会与成员国竞争管理机构的权限以及促进成员国之间的合作方面都是目前最为先进的多边规则之一。但是欧盟竞争规则实践至今,在执行机制上也暴露出一些体制性的缺陷。欧盟竞争规则的执行机制上将进行的变革遵循着一种从集权到分权的思路,认为在新的情势下,分权比集权更能有效保护竞争。

The EU competition rule, as a supranational law, is one of the most advanced multilateral rule in dealing with transnational restricted competition among member states, power allotment of competition administrative organization between the Council of Europe and its member states, promoting cooperation among state members. But the EU competition rule has revealed some structural defect of enforcement mechanism till now from its first practice. The enforcement mechanism of EU competition rule should be innovated, following a way of centralization to power decentralization, because power decentralization can protect competition more validly than centralization in new situation.