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Since the introduction of a formal commitments procedure in EU an- titrust policy (Article 9 of Council Regulation 1 … uncertainty related to the law (L-uncertainty) and to the facts (F-uncertainty). We show that commitments are subop- timal when L …-uncertainty is important. Furthermore, the generalized use of commitments creates an additional risk of under-enforcement when F …
Persistent link: https://www.econbiz.de/10011246329
In competition law, the problem of the optimal design of institutional and procedural rules concerns assessment processes of the pro- and anticompetitiveness of business behaviors. This is well recognized in the discussion about the relative merits of different assessment principles such as the...
Persistent link: https://www.econbiz.de/10009003681
Persistent link: https://www.econbiz.de/10004998656
Although both in US antitrust and European competition law there is a clear evolution to a much broader application of "rule of reason" (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The "error costs approach" (minimizing the sum of...
Persistent link: https://www.econbiz.de/10005785155
commitments are the new regulatory instruments used by competition authorities. Instead of sanctions and fines, competition … authorities and judges prefer to use various procedural mechanisms based on commitments in order to fight hardcore cartels, abuses … new economic contracts, leniency programs and commitments have a relative efficiency. With regard to these contracts, the …
Persistent link: https://www.econbiz.de/10011186834
Limitation periods represent a legal safeguard for a person who has once broken the law in order not to be put at risk of sanctions and other legal liabilities for an indefinite amount of time. By contrast, public interest can sometimes require that a person who has committed a serious breach of...
Persistent link: https://www.econbiz.de/10011260810
The report identifies concerns with the EU anti-dumping instrument, as applied today, regardless of the fact that the investigation procedures and methods might be in line with the current regulation and practice. The report's arguments are based on the recent anti-dumping investigation – and...
Persistent link: https://www.econbiz.de/10009654208
The reform of the regulatory framework for electronic communications is in progress. One of its major issue could be an institutional one, as the European Commission announced its intention to reinforce its own power, in particular in order to supervise the remedies imposed by national...
Persistent link: https://www.econbiz.de/10008511707
This article examines the role played by the European Commission in the development of the European Union’s (EU) state aid policy. It does so through the prism of a “dilemma” that exists at the nexus of the Commission’s delegated authority to administer EU treaty state aid provisions,...
Persistent link: https://www.econbiz.de/10010988925
European competition policy has been one of the common policies since the beginning of European integration. The European level economic policy coordination and the customs union have required a uniform framework for competition policy covering the whole Community. Nowadays the economic...
Persistent link: https://www.econbiz.de/10011259597