EU Antitrust Procedure

Author: Ekaterina Rousseva
Publisher: Oxford University Press
ISBN: 9780198839866
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The EU antitrust enforcement system for several decades has been one of the most mature antitrust enforcement systems in the world. The European Commission has been recognised as a leading antitrust agency internationally, and a role model for enforcers. This would not have been possible without effective procedural rules.

This volume provides a comprehensive and practically-oriented account of EU antitrust procedure. After setting out the institutional design and legal framework of the EU antitrust enforcement system, it explores the EU Commission's investigative powers, the possible outcomes of its investigations, the types of decisions it adopts and the remedies and fines it imposes. This volume looks closely at the rights of defences enjoyed by the investigated parties, and how the EU Commission strike a balance between their full observance on the one hand and the effectiveness of its enforcement on the other. Particular attention is given to the judicial review of the EU Commission's acts and the role of the EU Courts in providing judicial protection and ensuring compliance with fundamental rights and principles. Recognising cooperation as a key feature of the EU antitrust enforcement system, the volume explores the mechanisms for cooperation between national antitrust enforcers and the EU Commission, between national courts and the EU Court of Justice as well as the mechanisms for international cooperation. It also provides an in-depth review of the ECN+ Directive and explains how it contributes to making national competition authorities more effective enforcers. Written primarily with enforcers and practitioners in mind, it is essential reading for anyone with an interest in EU antitrust procedure.

I. INTRODUCTION

1: Overview of the EU antirust procedure, Monica Cunningham, Damien Gerard, Ekaterina Rousseva

II. ANTITRUST INVESTIGATIONS

2: Requests for Information and Sector Inquires, Manuel Kellerbauer and Konstantina Strouvali

3: Inspections, Jan Nuijten

4: Power to take Statements, Annemarie Ter Heegde and Ekaterina Rousseva

5: Leniency and Whistle-blowers, Sari Suurnäkki and Paolo Tomassi

III. OUTCOME OF THE INVESTIGATION

6: rdinary Procdure: From Initiation of Proceedings to the Adoption of a Final Decision, Viktor Bottka, Lukas Repa and Ekaterina Rousseva

7: Cartel Settlements and Antirust Cooperation, Aleko Bogdanov and Thomas Köster

8: Commitments, Ulrich von Koppenfels and Flavien Christ

9: Interim measures, Gábor Gál and Konstantina Srouvali

10: Handling and Rejecting Complaints, Anthony Dawes and Ekaterina Rousseva

IV. THE RIGHTS OF DEFENCE

11: An Overview of the Rights of Defence in Antitrust proceedings, Andreas Scordamaglia-Tousis

12: Access-to-the File, Henry Abbott and Wouter Wils

13: Oral Hearing, Wouter Wils

V. FINES AND PERIODIC PENALITES

14: Fines Imposed for Substantive Infringements of Articles 101 & 102 TFEU, Tatiana López Garrido & Alexandros Papanikolaou

15: Fines for Procedural Infringements and Periodic Penalties, Tatiana López Garrido & Alexandros Papanikolaou

VI. OTHER PROCEDURES RELATED TO THE APPLICATION OF THE ANTITURST RULES

16: Infringements of the antitrust rules by the EU Member States, Eliška Mamdaniová

17: Publication of Antitrust Decisions and Other Documents, Annemarie ter Heegde and Kristina Todorova-Milanova

18: Judicial Review of Commission Decisions and Judicial Protection, Alexander Kornezov

VIII. COOPERATION IN ANTIRUST ENFORCEMENT

19: Cooperation within the ECN and strengthening of National Competition Authorities, Elisavet Arsenidou, Jeroen Capiau, Ailsa Sinclair and Jurga Stanciute

20: Cooperation between the Commission and the Courts of the EU Member States, Johannes Holzwarth

21: Cooperation between the Courts of the EU Member States and the Court of Justice, Martin Farley

22: International Cooperation, Pascal Berghe, Philipp Gasparon and Eddy De Smijter