Book Reviews

• DOI: 10.1177/0003603X7401900314
• Published date: 01 September 1974
• Date: 01 September 1974
• Subject Matter: Book Reviews

BOOK REVIEWS 649

Ernst-Joachim Mestmiicker, Europiiisches Wettbewerbsrecht,

Munich: C. H. Beck (1974),831 pp., 68 German marks.

This book is an able, thorough, and comprehensive treatise

that

expounds the competition law of the European Communi-

ties as a coordinated system of jurisprudence

that

constitutes

one

part

of the broader Community law. The coordinating

principle is the Community purpose to create a Community-

wide competitive order not distorted by private restriction or

by the fact

that

this order consists of what formerly were

systems of economic policy separated by national borders.

The expression of this purpose in particular rules of law is

systematically analyzed. The exposition covers the roots of

the law in the Treaty's concept of open markets, in its corol-

lary

broad policies in support of competition and equalization

of treatment, in condemnation of discrimination, and in apply-

ing its views as to the relation of member states to the Com-

munity; substantive law applicable to cartels and permitted

cooperation, abuse of dominant power, concentration of power,

and mergers; and law applicable to special fields such as pat-

ent rights, state enterprise, agriculture, and transportation.

Substantial sections discuss procedures involved in notifica-

tion, negative clearance, exemption, findings of violation, and

sanctions. Aseparate section concerns the relation of the

Treaty's body of law to private rights

and

unfair

competition

law in the member states.

Appendices contain the texts of relevant

parts

of the

Treaty;

Regulations 17 and 27;' various regulations

that

set

forth group exemptions and special rules for agriculture and

transportation; official public statements about the bearing of

the

Treaty

upon exclusive distribution, patent licenses, per-

missible types of joint action, and agreements among small

enterprises; and a proposal by the Commission about limi-

tations of time to be applicable to certain procedures. There

are lists of the relevant decisions by the European Court and

the Commission.

CORWIN

D.

EDW

ABOS

Professor

Emeritm

University of Oregon