THE COMPETITION LAW REVIEW

Harmonisation has always been at the forefront of European integration. To this express harmonisation one can now add what may be called spontaneous harmonisation. Spontaneous harmonisation can be described as the convergence of rules of the Member States following the example of comparable rules in the European Union without any express harmonising activity of that Union. This spontaneous harmonisation has taken place in the area of competition law. The European Community’s competition rules have functioned as an example for the competition rules of most Member States in that the latter have amended or adopted their national competition laws so they mirror the Community’s rules on competition.1 While a spontaneous harmonisation can already be observed with regard to the Community’s competition rules, the question is how this spontaneous harmonisation relates to the so-called modernisation of the Community’s competition rules.