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Competition Law and Sector Specific Rules in European Energy Sector : A Comparison to Trinko, Recent Commission’s Antitrust Decisions and a Look to the Future
Diathesopoulos, Michael D. - 2014
This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...
Persistent link: https://www.econbiz.de/10013069619
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Is Blockchain the Death of Antitrust Law? The Blockchain Antitrust Paradox
Schrepel, Thibault - 2019
blockchain may reduce them to a smaller level. In the meantime, the very nature of the technology raises fundamental questions … describing the challenges that blockchain presents for analyses of unilateral anticompetitive practices and proposing some … article argues that, because blockchain is decentralized, anonymous, and immutable, questions arise regarding the ability to …
Persistent link: https://www.econbiz.de/10012899077
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The 'Regulatory Authority Dixit' Defense in European Competition Law Enforcement
Congedo, Dr Pierluigi - 2016
The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...
Persistent link: https://www.econbiz.de/10013005613
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Discretion and Prioritisation in Public Antitrust Enforcement, in Particular EU Antitrust Enforcement
Wils, Wouter P. J. - 2013
This paper discusses discretion and prioritisation in public antitrust enforcement, in particular in the enforcement of EU antitrust law. First, the paper defines the notion of discretion and discusses the rationale of discretion. Second, it examines the enforcement of Articles 101 and 102 TFEU...
Persistent link: https://www.econbiz.de/10014186135
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Should Private Antitrust Enforcement Be Encouraged in Europe?
Wils, Wouter P. J. - 2013
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
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The Relationship between Public Antitrust Enforcement and Private Actions for Damages
Wils, Wouter P. J. - 2013
This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...
Persistent link: https://www.econbiz.de/10014213178
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Antitrust Compliance Programmes & Optimal Antitrust Enforcement
Wils, Wouter P. J. - 2019
Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher...
Persistent link: https://www.econbiz.de/10014163758
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Fundamental Procedural Rights and Effective Enforcement of Articles 101 and 102 TFEU in the European Competition Network
Wils, Wouter P. J. - 2020
This paper deals with the fundamental procedural rights of companies that are targeted in the enforcement of Articles 101 and 102 TFEU by the European Commission or the competition authorities of the EU Member States. The paper first provides a (non-exhaustive) list of such rights as applicable...
Persistent link: https://www.econbiz.de/10014102075
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Effective Public Enforcement of Cartels : Rates of Challenged and Annulled Cartel Fines in Ten European Member States
Outhuijse, Annalies - 2019
A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...
Persistent link: https://www.econbiz.de/10012868781