Making markets work in the public interest: Combating hazardous alcohol consumption through minimum pricing rules in Scotland

Starting from the example offered by the 2015 SWA preliminary ruling, this paper will examine the current approaches to price control rules and then critique them against the wider background of the principles governing, respectively, Union action in the field of internal market policy and member states' intervention directed at safeguarding high levels of public health. It will be argued that given the renewed commitment to respecting the principle of conferral, resulting from the Treaty of Lisbon, it may be time for a reassessment of the scope of Article 34 TFEU so that the member states can continue exercising the legitimate regulatory powers that they enjoy in this area, albeit within limits dictated by the demands of a well-functioning internal market. Additional Information: