This essay explores the scope of the European Commission's power to impose remedies in cases of abuse of a dominant position under Article 82 of the Treaty establishing the European Community. After introductory remarks regarding the legal basis and objectives of remedies, we delineate the...

In the wake of the successful implementation of leniency programs in and across the EU other instruments of cartel detection have become less prominent. In the period from 2002 to the end of 2005, the Commission adopted 30 statements of objections, a necessary procedural step before taking a...

The effectiveness of any competition authorities' enforcement depends as much on the actual implementation of the adopted decisions as on the investigation of the infringements and the finding of liability. Once liability has been established, re-establishing the conditions for effective...

This article discusses two elements that the draft EU Directive on actions for damages treats only perfunctorily. The first concerns lucrum cessans or the quantity effect which is found to be of a relatively higher magnitude than the price effect. The second concerns the difficulties of...

This paper discusses the asymmetric use of structural remedies in merger control and antitrust in EU competition law. This asymmetry is explained by what is considered an erroneous legal perception concerning the subsidiarity of structural remedies over behavioural ones under Article 7 of...

The damages directive recently adopted by the European Parliament and the Council contains a rebuttable presumption regarding the damage presumably caused by cartels. This rebuttable presumption, while allowing a reversal of the burden of proof which may be procedurally justified in facilitating...