Antitrust / Competition Law

Alternative Enforcement of Competition Law

By Eva Lachnit
Eleven International Publishing September 2016

Specifications

ISBN-13
9789462367074
Publisher
Eleven International Publishing
Publication
September 2016
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only
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Details

This research analyses and compares the use of certain alternative enforcement instruments, such as negotiated procedures, markets work, individual guidance and compliance programmes, by the Dutch, UK and French competition authorities. 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. Alternative enforcement entails a deviation from command-and-control style enforcement and can be characterised as informal, horizontal, compliance-based, restorative, preventative and/or more efficient.

This book draws from the differences between the national approaches to show the advantages and downsides of negotiated procedures, markets work, individual guidance and compliance programmes. Also, it provides recommendations to pursue a balance between instrumentality and safeguards within the instruments, and in enforcement policy as a whole. This research will be of interest for both academics and practitioners in the field of competition law and enforcement.

Table of Contents

Part I Introduction and Context
Chapter 1 Introduction
Chapter 2 Institutions and Legal Background
Chapter 3 Normative Framework

Part II National Practice and Comparison
Chapter 4 Negotiated Procedures
Chapter 5 Markets Work
Chapter 6 Individual Guidance
Chapter 7 Compliance Programmes

Part III Evaluation and Synthesis
Chapter 8 Evaluation and Policy Considerations
Chapter 9 Alternative Enforcement in a Broader Context.
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