The rule of law and eu competition law: the sped-pro case

Sofia Oliveira Pais; Marta Prata Domingos

doi:10.1007/978-3-031-95717-8_6

The rule of law and eu competition law: the sped-pro case

Sofia Oliveira Pais^*
, Marta Prata Domingos

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

This chapter reflects on the contours of the Rule of Law and how that concept comes to life in the European Union context, especially in the realm of European Competition Law. Departing from a historical perspective, we analyse the intellectual discussion that has always surrounded this principle and the different configurations it has taken on up until the present time. Drawing on the European Court of Justice’s case-law, in particular the Sped-Pro case, we understand the need to extend this principle to national competition authorities, which were traditionally left out of its scope, in order to protect fundamental rights and ensure the enforcement of competition law as an essential objective of the Union.

Original language	English
Title of host publication	Revisiting the liberal constitutional features of the European Union
Editors	Inês Quadros, Miguel Gorjão-Henriques
Place of Publication	Cham
Publisher	Springer Science + Business Media
Pages	119-143
Number of pages	25
ISBN (Electronic)	9783031957178
ISBN (Print)	9783031957161, 9783031957192
DOIs	https://doi.org/10.1007/978-3-031-95717-8_6
Publication status	Published - 28 Aug 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

Competition law
European court of justice
European Union
Rule of law
Sped-pro case

Access to Document

10.1007/978-3-031-95717-8_6

Cite this

@inbook{24fd923561334409b4abac34c6888226,

title = "The rule of law and eu competition law: the sped-pro case",

abstract = "This chapter reflects on the contours of the Rule of Law and how that concept comes to life in the European Union context, especially in the realm of European Competition Law. Departing from a historical perspective, we analyse the intellectual discussion that has always surrounded this principle and the different configurations it has taken on up until the present time. Drawing on the European Court of Justice{\textquoteright}s case-law, in particular the Sped-Pro case, we understand the need to extend this principle to national competition authorities, which were traditionally left out of its scope, in order to protect fundamental rights and ensure the enforcement of competition law as an essential objective of the Union.",

keywords = "Competition law, European court of justice, European Union, Rule of law, Sped-pro case",

author = "Pais, \{Sofia Oliveira\} and Domingos, \{Marta Prata\}",

note = "Publisher Copyright: {\textcopyright} 2025 The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG.",

year = "2025",

month = aug,

day = "28",

doi = "10.1007/978-3-031-95717-8\_6",

language = "English",

isbn = "9783031957161",

pages = "119--143",

editor = "In{\^e}s Quadros and Miguel Gorj{\~a}o-Henriques",

booktitle = "Revisiting the liberal constitutional features of the European Union",

publisher = "Springer Science + Business Media",

address = "United States",

}

The rule of law and eu competition law: the sped-pro case. / Pais, Sofia Oliveira ; Domingos, Marta Prata.
Revisiting the liberal constitutional features of the European Union. ed. / Inês Quadros; Miguel Gorjão-Henriques. Cham: Springer Science + Business Media, 2025. p. 119-143.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

TY - CHAP

T1 - The rule of law and eu competition law

T2 - the sped-pro case

AU - Pais, Sofia Oliveira

AU - Domingos, Marta Prata

PY - 2025/8/28

Y1 - 2025/8/28

N2 - This chapter reflects on the contours of the Rule of Law and how that concept comes to life in the European Union context, especially in the realm of European Competition Law. Departing from a historical perspective, we analyse the intellectual discussion that has always surrounded this principle and the different configurations it has taken on up until the present time. Drawing on the European Court of Justice’s case-law, in particular the Sped-Pro case, we understand the need to extend this principle to national competition authorities, which were traditionally left out of its scope, in order to protect fundamental rights and ensure the enforcement of competition law as an essential objective of the Union.

AB - This chapter reflects on the contours of the Rule of Law and how that concept comes to life in the European Union context, especially in the realm of European Competition Law. Departing from a historical perspective, we analyse the intellectual discussion that has always surrounded this principle and the different configurations it has taken on up until the present time. Drawing on the European Court of Justice’s case-law, in particular the Sped-Pro case, we understand the need to extend this principle to national competition authorities, which were traditionally left out of its scope, in order to protect fundamental rights and ensure the enforcement of competition law as an essential objective of the Union.

KW - Competition law

KW - European court of justice

KW - European Union

KW - Rule of law

KW - Sped-pro case

UR - https://www.scopus.com/pages/publications/105023460372

U2 - 10.1007/978-3-031-95717-8_6

DO - 10.1007/978-3-031-95717-8_6

M3 - Chapter

SN - 9783031957161

SN - 9783031957192

SP - 119

EP - 143

BT - Revisiting the liberal constitutional features of the European Union

A2 - Quadros, Inês

A2 - Gorjão-Henriques, Miguel

PB - Springer Science + Business Media

CY - Cham

ER -

The rule of law and eu competition law: the sped-pro case

Abstract

UN SDGs

Keywords

Access to Document

Other files and links

Fingerprint

Revisiting the liberal constitutional features of the European Union

Cite this