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This paper makes an original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced...
Persistent link: https://www.econbiz.de/10012863953
The objectives of this paper are to: (i) describe the fining policy of the European Commission for breach of EU competition rules; (ii) assess this policy in light of the criticisms that have been made by academics, practitioners and other stakeholders; and (iii) to the extent these criticisms...
Persistent link: https://www.econbiz.de/10014177024
The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive ‘hardening’ of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The...
Persistent link: https://www.econbiz.de/10014193435
This article examines the practice of the European Commission in fining undertakings for the obstruction of the Commission’s investigation. For years, the Commission has fined such procedural infringements by qualifying them as an aggravating circumstance in the decision in the substantive...
Persistent link: https://www.econbiz.de/10014154199
In a 1991 article entitled The Transformation of Europe, Joseph Weiler analyzed the profound changes that have occurred in the institutional structure of the European Community during the past two decades. The cumulative effect of these changes has been, he claimed, to "transform" the Community,...
Persistent link: https://www.econbiz.de/10014155385
This paper provides an overall survey and analysis of consumer antitrust private enforcement in the European Union, United Kingdom and Norway.It provides overall statistics and empirical data, goes over precedents and pending cases in individual countries. it also discusses: (i) legislation and...
Persistent link: https://www.econbiz.de/10014237595
This paper discusses how the protection of fundamental rights has become an issue in European Antitrust Law especially with reference to the parent-subsidiary relationship and the so-called AEG Telefunken presumption
Persistent link: https://www.econbiz.de/10014139908
Article 3 of Regulation 1/2003 obliges the competition authorities of the EU Member States (national competition authorities or NCAs) to apply Articles 101 and 102 TFEU (EU antitrust law) whenever they apply national competition law to conduct falling within the scope of EU antitrust law....
Persistent link: https://www.econbiz.de/10014105127
In this article I evaluate the available case law (16 cases) on the private enforcement of Hungarian and EU competition rules in stand-alone actions. Before 1st of November 2005 it was not clear whether it was possible to initiate stand-alone actions based on Articles 11 (anticompetitive...
Persistent link: https://www.econbiz.de/10014148571
The January 2012 decision of the Italian Competition Authority (“ICA”) to fine Pfizer and Pharmacia €10.6 million is an illustration of the more aggressive trend taken by competition authorities in the pharmaceutical sector. In this case, the ICA alleges that the parties sought to delay...
Persistent link: https://www.econbiz.de/10014148834