Download or read book Alternative Enforcement of Competition Law written by Eva Lachnit and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition authorities are known for imposing enormous fines on companies that have infringed the law. However, most authorities are equally active in educating, deliberating, influencing or preventing, to which end they have different enforcement instruments at their disposal. Imposing a fine through a fully adversarial procedure can be characterised as formal, based on a vertical relationship between companies and competition authorities, deterrence-based, punitive, reactive and case-specific. Alternative enforcement entails a deviation from command-and-control style enforcement by using enforcement instruments and it can be characterised as informal, horizontal, compliance-based, restorative, preventative or efficient, or a combination of one or more of the above. This research analyses and compares the use of certain alternative enforcement instruments by the Dutch Autoriteit Consument en Markt, the UK Competition and Markets Authority and the French Autorite de la Concurrence and is an interesting work for both academics and practitioners in the field of competition law and enforcement.
Download or read book Alternative Enforcement of Competition Law written by Eva Lachnit and published by . This book was released on 2013 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: The administrative enforcement of competition law increasingly relies on new, informal instruments. These instruments are deemed to be more effective or efficient, but they might give rise to concerns regarding the safeguard function of the law. This working paper illustrates the problems with alternative enforcement by focusing on settlements in the Netherlands, the UK and France. It also illustrates the approach to the author's thesis, which is forthcoming in 2016.
Download or read book Alternative Enforcement Techniques in EC Competition Law written by Charles Gheur and published by Emile Bruylant. This book was released on 2009 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, EC competition law has undergone a range of substantive reforms. Though most of the legal and economic issues arising from their implementation have now been settled, a new wave of reforms has just been passed. These reforms, which will significantly remould the institutional architecture of the EC competition system, cover areas such as the promotion of private enforcement, settlements and leniency applications for hardcore infringements, commitment decisions, market inquiries and informal regulation through guidelines and guidance letters. In order to assess them systematically and consistently, the Institute for European Legal Studies (IEJE) of the University of Liege and the Federation of Enterprises in Belgium (FEB) organised a joint conference in lune 2008. This book comprises ail the papers presented at the conference. Authors include J-F. Bellis, C. Brown, D. Hull, A. Komninos, C. Gheur, P. Lambrecht, N. Petit, M. Rato, C. Roquilly, A-L. Sibony, E. de Smijter, J. Temple Lang and D. Waelbroeck.
Download or read book The Impact of Alternative Enforcement Procedures Under EC Competition Law on Damages Actions written by Hugues Parmentier and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: I took the distance learning Postgraduate Diploma and MA at King's College London during the academic years 2007/2009. My dissertation considered the interaction between public and private enforcement of the competition rules, and in particular the implications for private actions of alternative enforcement procedures - i.e. leniency programmes, commitments and settlement procedures. In the drafting of what would become Directive 2014/104/EU on antitrust damages actions, this issue raised complex policy problems: the European Commission was, in principle, in favour of more private claims for damages, and did not want a system of settlements to render private actions more difficult. In 2009, this dissertation took part to the debate: it surveyed a range of evidential, procedural and substantive issues, and expressed opinions on how best to reconcile the settlements procedure and the position of claimants in civil litigation. In the first part, the dissertation analyses the context in which the studied interaction materializes by: underlining the main goals and characteristics of the three alternative enforcement procedures; emphasizing briefly the main goals and current issues of damages actions; presenting the key recommendations of the Commission White Paper; and assessing the tension between alternative enforcement procedures and . In the second part, the dissertation analyses and assesses the solutions offered by the Commission White Paper to find a balance between alternative enforcement procedures and private enforcement by: identifying the theoretical and practical obstacles to damages actions that alternative enforcement procedures imply; and assessing, in relation with alternative enforcement procedures, the solutions identified in the Commission White Paper. The proposed solutions were often insufficient to remove obstacles to the development of damages actions This research was presented and discussed with DG COMP and to university professors. Member States needed to implement Directive 2014/104/EU on antitrust damages actions in their legal systems by 27 December 2016. In 2017, the impact of alternative enforcement procedures on damages actions is still being discussed and I have been asked to publish this dissertation to help feeding the reflexion of competition law specialists. I would be delighted if such was the case.
Download or read book Competition Law Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.
Download or read book The Modernisation of EC Antitrust Law written by Rein Wesseling and published by Bloomsbury Publishing. This book was released on 2000-10-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years European Community (EC) competition law has come under fire. Continued criticism of all aspects of the means by which EC competition law is enforced has brought to light ineffectiveness of the present system. Consequently the European Commission has responded by issuing the “White Paper on Modernisation”,which sets out its vision on the future of EC competition law. This new book takes a step back, and tries to understand the current challenges to EC competition policy by examining the origins of the Community's competition law system. In the first part of the book the author sketches the development of Community competition law enforcement between the European Economic Community, established in 1958, and the European Union of today. Taking this dynamic perspective on EC competition law, the second part of the book addresses topical problems of EC competition policy; the pertinent objectives, the institutional framework, the division of jurisdiction between the Community and Member States, and decentralised enforcement of Community law. Notably, the author's conclusions diverge considerably from the analysis found in the Commission White Paper on Modernisation. The author proposes various alternative solutions to the existing problems which, arguably, fit better within the overall constitutional development of the Community than the solutions offered by the Commission. The book will be of interest to competition lawyers as well as to all those interested in the constitutional development of the European Community.
Download or read book Private Enforcement of Competition Law written by Luis A. Velasco San Pedro and published by Lex Nova. This book was released on 2011-10 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, pluralist overview of the subject by providing transversal approaches, joint assessment and information on various national experiences alongside more specific contributions that study specific matters of substantive and procedural law, by covering practically all the relevant issues in this field. The work also addresses the main problems of the system vis-à-vis private international law and its connection and interaction with public enforcement. Also available in Spanish language, with the title: La aplicación privada del Derecho de la competencia.
Download or read book Competition Rules for the 21st Century written by Ky Ewing and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ky Ewingands magisterial work on international competition law is here updated to take stock of the prodigious expansion of anti-cartel enforcement throughout the world in the intervening years. Although the book has been highly regarded as a major reconsideration of the foundations of competition law and policy, it has also proven enormously valuable for its wealth of information and practical guidance. Among its most useful features (some new to the second edition) are the following: and a vast amount of statistical and other information about public competition law enforcement agencies and their resources around the world; and in-depth analysis of the differences in competition law regimes and the various economic and legal theories from which they derive; and detailed attention to jurisprudence and legal commentary over many decades; and probing of the meaning of andlowand and andfairand as applied to prices; and suggestions for carrying out re-evaluation of policies on the basis of empirical evidence; and formulation of a model new U.S. competition law preempting state laws; and and guidelines on distinguishing useful collaboration from collusive activity. Nine new appendices have been added to this edition, covering such informative material as new statistical data about U.S. enforcement, details on the dramatic cooperation now taking place among nations in anti-cartel enforcement, and suggestions on how companies and practitioners should respond to multinational investigations.
Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.
Download or read book An Introductory Guide to EC Competition Law and Practice written by Valentine Korah and published by . This book was released on 1994 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Law on Competition written by United Nations Conference on Trade and Development and published by United Nations Publications. This book was released on 2004 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document presents a revised version of the Model Law on Competition (ISBN 9211125952) published by UNCTAD in February 2003. It includes changes to commentaries on possible elements of a competition law and changes in national legislations. Topics include: restrictive agreements or arrangements; acts or behaviour constituting an abuse of a dominant position of market power; notification, investigation and prohibition of mergers affecting concentrated markets; and consumer protection.
Download or read book Consumer Involvement in Private EU Competition Law Enforcement written by Maria Ioannidou and published by OUP Oxford. This book was released on 2015-09-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.
Download or read book Leniency in EU Competition Law written by Ingrid Margrethe Halvorsen Barlund and published by Kluwer Law International B.V.. This book was released on 2020-06-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.
Download or read book Competition Law as Regulation written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.
Download or read book Experimentalist Competition Law and the Regulation of Markets written by Yane Svetiev and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the emergence of experimentalist governance in the implementation of EU competition law as a response to uncertainty and the limits of hierarchical enforcement in an increasingly dynamic and heterogeneous economic environment. It contributes to ongoing debates about the current state of EU competition law and provides an innovative account of emergent enforcement trends and its future direction. It also argues that an experimentalist evolution of competition law and market regulation attenuates concerns about the competitive strictures of EU law on national economic and regulatory institutions. Through its focus on experimentalist governance, the book provides guidance on completing experimentalist infrastructures for market regulation, as well as on the role of courts in triggering and sustaining experimentalist solutions. As such, it offers a novel perspective on implementing competition law in the EU and beyond.
Download or read book Integrating Public and Private Enforcement of Competition Law in Europe Legal and Jurisdictional Issues written by Luis Silva Morais and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the purposes of discussing the idea of a possible integration of public and private enforcement of competition law in the Europe it is useful, on the one hand, to perceive how the idea of private enforcement of EU competition law has developed over recent years and, on the other hand, to purport to provide a systematic and analytic understanding of the so called 'private enforcement' 'vis a vis' public enforcement of competition law, that has clearly represented the cornerstone of the EU system of competition law. That brief introductory overview, in turn, will lead us to perceive and critically debate three contrasting views that may currently be sustained in the context of the gradual, albeit so far very limited, emergence of forms of private enforcement of competition law in the EU. These, in short, correspond to the following: (i) A view sustaining a fully integrated framework of enforcement of competition law, integrating public and private enforcement techniques in a distinctively European way (basically different from the American way) and drastically reviewing the theories and/or foundations underlying enforcement of competition rules; (ii) A view sustaining a fully autonomous or independent system of private enforcement of competition law, largely based on adequate mechanisms that allow for collective redress for claimants with small and dispersed losses to recover damages for losses they have suffered on account of anticompetitive conduct; whilst admitting that such private enforcement based on collective redress may, in some limited forms, complement public enforcement of competition law (particularly as regards the so-called follow-on cases to which we shall refer infra), according to this view, private enforcement anchored in collective redress is basically independent of enforcement by public bodies and requires no coordination with that sphere of public enforcement; (iii) According to a third possible view, public enforcement of competition law is to remain a prevailing feature of the EU system of enforcement of competition rules and private enforcement may perform a strictly complementary and subsidiary role, which will require some forms of coordination between the two areas (but always keeping in mind the dominant role of the public sphere and without requiring a fundamental shift of the theories and/or foundations underlying enforcement of competition rules). This paper basically follows such third, alternative, view, for reasons that will be put forward throughout the paper (however briefly). The paper also deals, however briefly, with the rather protracted Commission Proposals presented on 11 June 2013 and leading to a new directive on private antitrust damage actions and a non-binding recommendation on collective redress mechanisms, covering beside infringements to competition law, relief for violations of consumer protection, environmental and other laws.
