The Shaping of EU Competition Law

"1. Institutions and substance in EU competition law The substantive and institutional aspects of a legal discipline are closely intertwined. One cannot be properly understood without the other. The substantive evolution of a discipline may prompt institutional change. Conversely, the structure through which the law is applied can influence the interpretation of substantive provisions. For instance, a field may evolve differently depending on whether enforcement is entrusted to a generalist court or to a specialist agency instead. The choice of cases - and thus the direction into which the law moves - may vary depending on the model followed. Private parties litigating in court have motivations and incentives that differ from those of an agency acting in the public interest. The approach to the interpretation of the relevant provisions may also be influenced by the institutional structure. Generalist courts may place an emphasis on legal certainty and the administrability of the system. In this sense, they may be inclined to look beyond the outcome of a specific dispute when shaping rules and standards. Expert agencies, on the other hand, may give more weight to the circumstances of each case"--