In the long process of history of development of European competition law, Germany has played a key role by presenting its deep insights and unprecedented practice. As early as the 19 t h century, Germany began to dev...In the long process of history of development of European competition law, Germany has played a key role by presenting its deep insights and unprecedented practice. As early as the 19 t h century, Germany began to develop the idea of a general law to protect competition against restraints, laying a theoretical basis for competition legislation in Europe at that time. German Competition Law promulgated in 1923 was the first legislation in Europe. After the Second World War, Germany enacted and promulgated its 1957 Law on Competition against Restraints, which not only served as a pillar of "social market economy" of the state, but also contributed significantly to economic and political achievements most unforgettable in Europe in postwar period. The establishment of EEC in 1957 had entrusted to competition law more important tasks, and as a consequence, placed it in a central place in European history in postwar period. The idea of European integration was first originated from Ordo, an academic organization advocating Neo liberalism in Nazi period. According to viewpoint of this school, economic freedom and competition will not only bring about economic prosperity, but also lay the foundation for realization of political freedom and social integration. Consequently, in the process of development of European competition law, Germany has played an influential role in the following three aspects. First, provision of a philosophical foundation.Secondly, provision of the first legislation experience. Thirdly, influencing direction of competition law in the process of European unification. Today, European competition law has been deemed as the cornerstone for European integration, with many member states shaping or amending their respective domestic laws in the light of it. In view of German experience and leadership in relation to European competition law, more and more states are seeking German assistance in the field of competition law in their domestic system.展开更多
文摘In the long process of history of development of European competition law, Germany has played a key role by presenting its deep insights and unprecedented practice. As early as the 19 t h century, Germany began to develop the idea of a general law to protect competition against restraints, laying a theoretical basis for competition legislation in Europe at that time. German Competition Law promulgated in 1923 was the first legislation in Europe. After the Second World War, Germany enacted and promulgated its 1957 Law on Competition against Restraints, which not only served as a pillar of "social market economy" of the state, but also contributed significantly to economic and political achievements most unforgettable in Europe in postwar period. The establishment of EEC in 1957 had entrusted to competition law more important tasks, and as a consequence, placed it in a central place in European history in postwar period. The idea of European integration was first originated from Ordo, an academic organization advocating Neo liberalism in Nazi period. According to viewpoint of this school, economic freedom and competition will not only bring about economic prosperity, but also lay the foundation for realization of political freedom and social integration. Consequently, in the process of development of European competition law, Germany has played an influential role in the following three aspects. First, provision of a philosophical foundation.Secondly, provision of the first legislation experience. Thirdly, influencing direction of competition law in the process of European unification. Today, European competition law has been deemed as the cornerstone for European integration, with many member states shaping or amending their respective domestic laws in the light of it. In view of German experience and leadership in relation to European competition law, more and more states are seeking German assistance in the field of competition law in their domestic system.
