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Market Design Powers of the European Commission? - Remedies under Articles 7 and 9 Regulation 1/03 (Paperback, 1st ed. 2020)
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Market Design Powers of the European Commission? - Remedies under Articles 7 and 9 Regulation 1/03 (Paperback, 1st ed. 2020)
Series: Munich Studies on Innovation and Competition, 13
Expected to ship within 10 - 15 working days
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This book provides a comprehensive analysis of the remedies
practice the European Commission has adopted on the basis of
articles 7 and 9 of regulation 1/03. Using article 7 as a normative
benchmark, it shows that most of the criticism levelled at the
Commission's article 9 decisions and the Alrosa judgment of the
CJEU is not justified, since critics tend to over-state both the
rigour of article 7 and the laxness of article 9. Remaining
inconsistencies between the commitment practice and the standards
for infringement decisions can, it is submitted, be justified by
the consensual nature of commitment decisions and their underlying
goal of procedural economy. Moreover, it is suggested that too
little importance is generally assigned to the beneficial effect
which commitments bring about by providing for precise and
enforceable obligations without sacrificing the concerned
undertakings' freedom to choose how to put the infringement to an
end. Adopting a case-oriented approach, this study provides
valuable insights for academics and practitioners alike.
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