Abstract

This article is about the evolution and the results of the EC case law as regards the control of the consistency of public intervention in the economy under EC competition law. The analysis begins with a consideration of the State's accountability criteria for infringement of the combined application of articles 3, 10 and 81 EC Treaty and particularly the two tests in Van Eycke case law. This is followed by an exploration of the criteria concerning the liability of associations of companies when they act as regulators. Finally, the criteria concerning the regulation of the liability of private subjects for their anti-competitive actions carried out in their national contexts is examined. From these legal reflections emerges that thus far there have been modest advances in terms of demonstrating the incompatibility of anticompetitive national regulations with Community law. In fact, by distinguishing between the method of analysis of accountability of the public regulator and that of the private one, the most effective approach to the control of the consistency of public interventions from the point of view of the liability of regulated private subjects emerges.