as a body of public law in which a safeguard and instrumental role of the law can be identified. The instrumental role of the law refers to the practice of using the law to achieve policy objectives. Needless to say, this area of law has a broad scope which not only includes public procurement law, state aid law and competition law, but also includes, for example, the regulation of utilities markets, intellectual property law or regulation of industry and agriculture. We predominantly consider the EU context. K. Hellingman & K.J.M. Mortelmans, Economisch Publiekrecht: rechtswaarborgen en rechtsinstrumenten (1989). Also see J. Baquero Cruz, Between competition and free movement. The economic constitutional law of the European Union (2002), p. 85. 2 Art. 3(3) of the Treaty on the European Union (TEU) and Art. 4 of the Treaty establishing the European Community (TEC).