Dimension II: Legislative Competence on Competition Law
The vertical allocation of material competences is not only determined by the substantive law and its scope of application. It also comprises the question of legislative competence, meaning the institutional organ that is entitled to legislate on competition matters (“legislative primacy” on competition matters). An obligation for the national legislator to completely harmonize its national competition laws withdraws national legislative discretion. At the same time, the impact of the scope of application of a regional law is reduced if the national and regional law’s content is actually the same. On the other hand, complete legislative sovereignty of a member state of an RTA to draft its competition law would be rendered obsolete by an extremely narrow scope of application of national competition law.