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Legitimacy in EC Cartel Control

Legitimacy in EC Cartel Control

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781849460057
  • Published In: February 2010
  • Format: Hardback
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 

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This book examines the law developed by the EC to control cartels. These laws are carefully documented and analysed against a standard of legitimacy which questions the EC's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions.

It includes a unique catalogue of over 150 EC cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory.

Throughout the book the author asks whether EC law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners.

The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EC Member States, as well as those working for EC institutions and in private practice and academia.

Ingeborg Simonsson is one of Sweden's leading experts in competition law. She is a Judge of the Stockholm City Court, Division for competition law and intellectual property, and a guest lecturer in competition law at the University of Stockholm. She previously worked for six years in private practice and for five years worked as a full time academic.

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