Efficiency And Justice In European Antitrust Enforcement PDF Download
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| Author | : Wouter Wils |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 230 |
| Release | : 2008-02-14 |
| Genre | : Law |
| ISBN | : 1847314139 |
Download Efficiency and Justice in European Antitrust Enforcement Book in PDF, ePub and Kindle
In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.
| Author | : Wouter P. J. Wils |
| Publisher | : |
| Total Pages | : 206 |
| Release | : 2008 |
| Genre | : Antitrust law |
| ISBN | : 9781472560193 |
Download Efficiency and Justice in European Antitrust Enforcement Book in PDF, ePub and Kindle
"In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement."--Bloomsbury Publishing.
| Author | : Baskaran Balasingham |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 296 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041184805 |
Download The EU Leniency Policy Book in PDF, ePub and Kindle
The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
| Author | : Wouter Wils |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 203 |
| Release | : 2005-02-22 |
| Genre | : Law |
| ISBN | : 1847312047 |
Download Principles of European Antitrust Enforcement Book in PDF, ePub and Kindle
After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.
| Author | : Damien Gerard |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 347 |
| Release | : 2020-07-10 |
| Genre | : Law |
| ISBN | : 9403522445 |
Download Remedies in EU Competition Law Book in PDF, ePub and Kindle
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
| Author | : Damien Gerard |
| Publisher | : Bruylant |
| Total Pages | : 336 |
| Release | : 2017-03-16 |
| Genre | : Law |
| ISBN | : 2802757555 |
Download The Notion of Restriction of Competition Book in PDF, ePub and Kindle
The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.
| Author | : Philip Lowe |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 616 |
| Release | : 2016-04-21 |
| Genre | : Law |
| ISBN | : 1509900489 |
Download European Competition Law Annual 2013 Book in PDF, ePub and Kindle
This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.
| Author | : Abel Moreira Mateus |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 457 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1849807035 |
Download Competition Law and Economics Book in PDF, ePub and Kindle
Mateus and Moreira present a formidable review of pressing issues in competition law and economics. Top officials, judges and experts from Europe and North America offer their insights into analytical issues, practical problems for companies, enforcers and complainants and on the state of trans-Atlantic divergence and convergence. The discussion on national champions and state aid is prescient. Throughout, the analysis is acute, cutting edge, and deep. Officials, counsel and scholars will draw from this fabulous book for years to come. Philip Marsden, British Institute of International and Comparative Law, London, UK Competition policy is at a crossroads on both sides of the Atlantic. In this insightful book, judges, enforcers and academics in law and economics look at the consensus built so far and clarify controversies surrounding the issue. There is broad consensus on the fight against cartels, with some countries criminalizing this type of agreement. However there is also wide debate on the questions of monopolization and abuse of dominant position, vividly highlighted by the recent Microsoft case. Furthermore, there are today diverging views on the interplay of business strategies and the control of market power on both a national and international scale. The book discusses the perennial issue in Europe of the conflicts between competition and industrial policies, once again bringing the theme of national champions to the fore. The contributing authors provide opinion on the efforts which have been made towards modernization in both the USA and the EU. Featuring new contributions by leading scholars and practitioners in antitrust, this book will be a great resource for antitrust enforcers, competition lawyers and practitioners and competition economists, as well as scholars and graduate students in antitrust and competition law.
| Author | : United States. Department of Justice |
| Publisher | : |
| Total Pages | : 40 |
| Release | : 1995 |
| Genre | : Antitrust law |
| ISBN | : |
Download Antitrust Enforcement Guidelines for International Operations Book in PDF, ePub and Kindle
| Author | : Maciej Gac |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Download Economic Analysis of Competition Law - From Law in Books to Law in Action Book in PDF, ePub and Kindle
"A lawyer who has not studied economics...is very apt to become a public enemy.” This stand- point of Justice Brandeis, once read for the first time, seems to be very controversial. However, if we analyze it deeply, we will discover its important meaning. It will show us that in many cases a pure legal reasoning, deprived of economic methods of evaluation, may limit efficiency of legal provisions and lead to detrimental effects on the market and its participants.The aforementioned standpoint finds its confirmation in the area of competition law, where the principles of economic efficiency often form the basis of legal reasoning. When we refer to the American system of anti-trust law, which from the late 60's uses economic analysis as a basic mechanism in the application of legal provisions, we have no doubts that economic approach to antitrust law constitutes its natural component. Nevertheless, when we analyze the same issue from the European perspective, the economic analysis still seems to be a novelty rather than a standard. Recent development of “law and economics” in the European Union (EU) illustrate reluctance of many courts towards the application of its mechanism and limited access of individuals to the economic methods of legal analysis. While the reasons for such approach may be often justified, the question is if the European competition law may achieve full efficiency without development of economic method.Taking the aforementioned into consideration, the following article tries to determine if the recent development of economic analysis in the area of European competition law allows increasing its efficiency and guarantees better protection of market against anticompetitive behaviors. By reference to the practice of the European Commission, national competition authorities and the case law of Court of Justice of the European Union, the author tries to determine significance of economic analysis in the area of antitrust law. Moreover, by reference to the specific problem of competition law, i.e. private actions for damages, it aims to establish if without enhancement of economic methods, development in the area of private enforcement is possible. The main goal of the undertaken reasoning is to answer if economic analysis is the necessary element of effective system of competition law enforcement and a mechanism guaranteeing the best possible application of antitrust law provisions.
