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Remedies in EU Competition Law: Substance, Process and Policy

Edited by: Damien Gerard, Assimakis Komninos

ISBN13: 9789403522418
Published: July 2020
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £112.00



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Remedies in EU Competition Law: Substance, Process and Policy is an unparalleled book developed in collaboration with the College of Europe’s Global Competition Law Centre (GCLC). Remedies, designed to correct the negative effects of anti-competitive activity in markets, are central to competition law enforcement and act as a benchmark against which the efficiency of the overall system can be measured. A dearth of coverage which looks at issues, such as mergers, antitrust and State aid, quite a few recent high-profile decisions and an increased focus on areas such as digital markets, have triggered the need for an authoritative and comprehensive guide such as this.

This exceptional book provides well-articulated and practical commentaries by leading experts from the GCLC’s unique network which were originally presented at the 2019 GCLC annual conference. It elucidates topics under the following heads:

  • objectives and limitations of remedies;
  • types of remedies in competition law enforcement;
  • implementation and process;
  • ex post assessment of remedies and policy lessons; and
  • national and international approaches.

The group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law.

Subjects:
Competition Law
Contents:
About the Global Competition Law Centre
Foreword
Preface
PART I: Objectives and Limitations of Remedies
CHAPTER 1. Merger Remedies: Firm Incentives Versus Agency Objectives
John Kwoka
CHAPTER 2. The Role of Demand Side Remedies in Resolving Competition Concerns
Amelia Fletcher & David Hansen
PART II: Types of Remedies
CHAPTER 3. EU Merger Control: How to Remove Anticompetitive Effects?
Carles Esteva Mosso & Simon Vande Walle
CHAPTER 4. On the Consistency of the European Commission’s Remedies Practice
Benjamin Loertscher & Frank Maier-Rigaud
CHAPTER 5. ‘Regulatory’ and ‘Antitrust’ Remedies in EU Competition Law
Pablo Ibáñez Colomo
CHAPTER 6. Remedies in State Aid
Jacques Derenne, Ciara Barbu-O’Connor & Catalina Chilaru
PART III: Implementation and Process
CHAPTER 7. Challenges in Designing and Implementing Remedies in Innovation Intensive Industries and the Digital Economy
Thomas Hoehn
CHAPTER 8. When the Clay Pot Meets the Iron Pot or How to Reconcile Negotiated Enforcement and Due Process in Antitrust Law
Denis Waelbroeck & Jessica Bracker
CHAPTER 9. From Coercion to Cooperation: Settlement Within EU Competition Law
Niamh Dunne
CHAPTER 10. Private Remedies and Digital Markets
Sebastian Peyer
PART IV: Ex Post Assessment and Lessons
CHAPTER 11. Ex post Assessment of Merger Remedies: An Overview of the Recent Practice in the European Union
Elena Zoido
CHAPTER 12. Remedies for Violation of State Aid Rules under EU Law: Reasons for Reform and Its Scope
Massimo Merola
PART V: Remedies in National and International Practice
CHAPTER 13. The Portuguese Legislative Framework Regarding Remedies: Overview
Margarida Matos Rosa
CHAPTER 14. Remedies in Practice Outside the EU: The Case of South Africa
Tembinkosi Bonakele