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Sanctions in EU Competition Law: Principles and Practice (eBook)


ISBN13: 9781782253822
Published: April 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £39.59
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In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised.

In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement.

This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.

Subjects:
Competition Law, eBooks
Contents:
1. General Introduction

2. The Decentralisation of EU Competition Law 6
2.1 Introduction
2.2 Shared Administration
2.3 Sanctioning Autonomy
2.4 Cooperation and Coordination
2.5 Conclusion

3. The Economics of Decentralisation
3.1 Introduction
3.2 Economic Considerations in the Allocation of Competences
3.3 Transaction Costs and Diseconomies of Scale
3.4 Information Advantages
3.5 Accommodating Domestic Preferences
3.6 Regulatory Competition
3.7 Regulatory Innovation
3.8 Conclusion

4. Uncovering EU Sanctioning Principles
4.1 Introduction
4.2 EU Principles in the National Legal Order
4.3 Sanctioning Principles in Articles 101 and 102 TFEU
4.4 Sanctioning Principles in the Free Movement Rights
4.5 Sanctioning Principles in the Fundamental Rights
4.6 Sanctioning Principles in the Duty of Sincere Cooperation
4.7 Conclusion

5. The Development of Domestic Sanctioning Powers
5.1 Introduction
5.2 Institutional Enforcement Frameworks
5.3 Interim Measures
5.4 Early Resolution Measures
5.5 Declaratory Findings
5.6 Reparatory Sanctions
5.7 Pecuniary Sanctions
5.8 Custodial Sanctions
5.9 Disqualification Orders
5.10 Conclusion

6. Economies and Diseconomies in the Division of Sanctioning Competences
6.1 Introduction
6.2 Cost-Reducing Sanctioning Principles and Convergence Tendencies
6.3 Domestic Preferences and the Efficient Use of Enforcement Expenditures
6.4 Innovation through Decentralisation

7. General Conclusions
7.1 Sanctioning Principles, Convergence Tendencies and Enforcement Costs
7.2 Reflections and Recommendations

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
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Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
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Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
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Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
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The More Economic Approach to EU Antitrust Law ISBN 9781509927951
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Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
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Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
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Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
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European Merger Remedies: Law and Policy ISBN 9781849464116
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
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Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Cross-Border EU Competition Law Actions ISBN 9781849463744
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
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State Aid and the European Economic Constitution ISBN 9781849461054
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Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned