Originally from The Journal of Eurasian Law (JEL)

Abstract: This article describes European competition law (antitrust) with respect to national rail networks. European economic integration is deepening and this has implications for EU economic relations with Eastern Europe. The application of the “rule of reason” in a vertically integrated market and the rise of consumer wellbeing as the standard for determining whether monopoly power has been abused (“abuse of dominant position”) is also discussed, as is EU competition law (antitrust) as an example of global norm convergence.

I. Introduction

Europe has long sought to build a single integrated European market. The reason for this was both hope and fear. The fear was the reality of world wars for markets and resources. The hope was that by building economic interdependence through open borders that productive synergies such as specialization, standardization, and economies of scale would result in increasing wealth, which coupled with interdependence would make war within Europe a practical impossibility.

Thus, the European Community first pooled its coal and steel industries—essential war industries—into the European Coal and Steel Community (ECSC)1 and its nuclear technology into Euratom.2 And so, from the ruins arose a new Europe directed to the common good and a better future for all Europe.