The rule of law, a fundamental value of the European Union (EU), has come under stress in a number of its member states. The EU's response to these stresses has been criticized as politicized, slow, and unassertive. This research note develops a proposal to improve the current procedure.

The Commission's proposals regarding the implementation of art. 82 TEC are shortly presented. The authors show that they can be interpreted as another step towards a "more economic approach" because their implementation would strengthen the rule of reason even further. The Commission's proposal...