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Since 1985, the Member States of the European Union have enacted
new national competition laws, or amended their existing
competition laws, so that these laws are now all more or less
converging upon the EC competition rules as laid down in Articles
81 and 82 of the EC Treaty and in the Concentration Control
Regulation 4064/89/EC (as amended by Regulation 1310/97/EC). This
is a comprehensive textbook of the Competition Laws of the Member
States of the European Union and of Switzerland. It is believed to
be the first of its kind to include in one text all aspects of
competition law of all countries concerned, i.e. the substantive
rules on restrictions of competition and abuse of dominance as well
as the rules on concentration control. In respect of both issues,
the rules of procedure and enforcement are also set out. In
addition, the reader will find a short synopsis per country of the
powers of special sectorial regulators (if any) in fields such as
telecommunication, energy, broadcasting and public transport.
Finally, the substantive and procedural rules of Switzerland have
been included in this work, that country being an important trading
partner for almost all Member States and being geographically
encircled by the EU. Written by competition law specialists from
each Member State and from Switzerland, the work has been set up to
be as practical and informative as possible. Not only has the
existing legal framework been described - with footnotes
referencing landmark decisions; annexes providing practical
information and "charts" on the decision making process in each
country - but, also, where appropriate, it has been explained how
the legal system works in practice. As such, this work should be
interesting to all private practitioners, in-house lawyers,
bankers, accountants, tax advisers and to all others who come
across competition law in their daily course of business.
This timely book brings together contributions from prominent
scholars and practitioners to the ongoing debate on the
criminalization of competition law enforcement. Recognizing that
existing remedies and sanctions may be insufficient to deter
breaches of competition law, several EU Member States have followed
the US example and introduced pecuniary penalties for executives,
professional disqualification orders, and even jail sentences.
Addressing issues such as unsolved legal puzzles, standard of
proof, leniency programs and internal cartel stability, this book
is a marker for future policy debate. With perspectives from an
international cast of contributors, Criminalization of Competition
Law Enforcement will be of great interest to academics and policy
makers as well as students and practitioners in law.
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