Market design powers of the European Commission? : remedies under Articles 7 and 9 Regulation 1/03 / Korbinian Reiter.

Format:

Book

Author/Creator:

Reiter, Korbinian, author.

Series:

Munich studies on innovation and competition ; v. 13.

Munich Studies on Innovation and Competition ; volume 13

Language:

English

Subjects (All):

Commercial law--European Union countries.

Commercial law.

European Union countries.

Physical Description:

xvii, 563 pages ; 25 cm.

Place of Publication:

Berlin, Germany : Springer, [2020]

Summary:

This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.

Contents:

Introduction

Prolegomena

The relaxation of the link between harm and remedy

The relaxation of procedural safeguards

The impact of commitments on legal certainty

Outlook: Discussions of reform proposals

Summary of key findings.

Notes:

Includes bibliographical references.

ISBN:

3662607107

9783662607107

OCLC:

1126559316