国际竞争的限制.doc

LIMITS AND CONTROL OF COMPETITION WITH A VIEW TO INTERNATIONAL HARMONISATION  Piet Jan Slot* III A 2 1 General Aspects 1. The constitution of the Netherlands does not contain provisions laying general principles of the economic system, nor are there any such provisions in other legislative instruments. It is fair to say the principle of the market economy is so deeply enshrined in the Dutch Political Economy that it is thought of as totally self-evident and in no need of affirmative constitutional or legislative provisions. After all the Dutch East Indies Company, established in 1602, was the first limited liable company in modern times. However, it could be argued that the Competition Act which entered into force January 1, 1998, provides such principles. The Dutch Competition Act (hereinafter referred to as CA) is closely patterned after the EC Competition rules which implement the basic principles of the EC Treaty. The latter are spelt out in Article 3 (1) (g) EC: ?a system ensuring that competition in the internal market is not distorted.? Furthermore Article 4 (1) EC provides that the Community policies shall be: ?conducted in accordance with the principle of an open market economy with free competition.? Article 4 (2) EC enumerating the activities of the Economic and Monetary Union, stipulates that these activities shall be conducted in accordance with the principle of an open market economy with free competition. 2. The basic model underlying the Dutch Competition Act is the same as that of the EC competition law and that is workable competition as propounded by the Court of Justice of the European Communities (henceforth the ECJ) in the first Metro judgment. However, it is important to note that the assumptions underlying the EC Competition policy have shifted towards a fuller recognition of economic theory as embodied by the Chicago school. The adoption of the new block exemptions on vertical restraints and the rules on patent licensing and RD, as well