Remedies in EU Competition Law: Substance, Process and Policy

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Remedies in EU Competition Law: Substance, Process and Policy

Edited by Damien Gerard · Assimakis Komninos
Kluwer Law International July 2020

Specifications

ISBN-13
9789403522418
Publisher
Kluwer Law International
Publication
July 2020
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

Remedies in EU Competition Law: Substance, Process and Policy is an unparalleled book developed in collaboration with the College of Europe’s Global Competition Law Centre (GCLC). Remedies, designed to correct the negative effects of anti-competitive activity in markets, are central to competition law enforcement and act as a benchmark against which the efficiency of the overall system can be measured. A dearth of coverage which looks at issues, such as mergers, antitrust and State aid, quite a few recent high-profile decisions and an increased focus on areas such as digital markets, have triggered the need for an authoritative and comprehensive guide such as this.

What’s in this book:

This exceptional book provides well-articulated and practical commentaries by leading experts from the GCLC’s unique network which were originally presented at the 2019 GCLC annual conference. It elucidates topics under the following heads:

  • objectives and limitations of remedies; 
  • types of remedies in competition law enforcement; 
  • implementation and process;
  • ex post assessment of remedies and policy lessons; and 
  • national and international approaches.

The group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law.

How this will help you:
The matchless book will attract academics, practitioners and enforcers who are interested in the question of EU competition law remedies and how these interact with the substance and procedure of EU competition law.

Table of Contents

Editors 

Contributors 

About the Global Competition Law Centre

Foreword

Preface 

PART I
Objectives and Limitations of Remedies 

CHAPTER 1
Merger Remedies: Firm Incentives Versus Agency Objectives
John Kwoka 

CHAPTER 2
The Role of Demand Side Remedies in Resolving Competition Concerns
Amelia Fletcher & David Hansen

PART II
Types of Remedies 

CHAPTER 3
EU Merger Control: How to Remove Anticompetitive Effects?
Carles Esteva Mosso & Simon Vande Walle

CHAPTER 4
On the Consistency of the European Commission’s Remedies Practice
Benjamin Loertscher & Frank Maier-Rigaud 

CHAPTER 5
‘Regulatory’ and ‘Antitrust’ Remedies in EU Competition Law
Pablo Ibáñez Colomo 

CHAPTER 6
Remedies in State Aid
Jacques Derenne, Ciara Barbu-O’Connor & Catalina Chilaru 

PART III
Implementation and Process

CHAPTER 7
Challenges in Designing and Implementing Remedies in Innovation Intensive Industries and the Digital Economy
Thomas Hoehn 

CHAPTER 8
When the Clay Pot Meets the Iron Pot or How to Reconcile Negotiated Enforcement and Due Process in Antitrust Law
Denis Waelbroeck & Jessica Bracker 

CHAPTER 9
From Coercion to Cooperation: Settlement Within EU Competition Law
Niamh Dunne 

CHAPTER 10
Private Remedies and Digital Markets
Sebastian Peyer 

PART IV
Ex Post Assessment and Lessons 

CHAPTER 11
Ex post Assessment of Merger Remedies: An Overview of the Recent Practice in the European Union
Elena Zoido 

CHAPTER 12
Remedies for Violation of State Aid Rules under EU Law: Reasons for Reform and Its Scope
Massimo Merola 

PART V
Remedies in National and International Practice 

CHAPTER 13
The Portuguese Legislative Framework Regarding Remedies: Overview
Margarida Matos Rosa 

CHAPTER 14
Remedies in Practice Outside the EU: The Case of South Africa
Tembinkosi Bonakele

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