|
Showing 1 - 3 of
3 matches in All Departments
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.
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.
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.