Alternative Enforcement of Competition Law

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.