Efficiency and justice in European antitrust enforcement / Wouter P.J. Wils.

Format:

Book

Author/Creator:

Wils, Wouter P. J.

Language:

English

Subjects (All):

Antitrust law--European Union countries.

Antitrust law.

Antitrust law--European Union countries--Criminal provisions.

Physical Description:

1 online resource (230 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Or. : Hart, 2008.

Language Note:

English

Summary:

"In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement."--Bloomsbury Publishing.

Contents:

Half title page; Title page; Title verso; Introduction and Acknowledgements; Contents; Table of Cases; Table of Legislation; 1 Powers of Investigation and Procedural Rights and Guarantees: The Interplay between European and National Legislation and Case Law; 1.1 Powers of Investigation; 1.2 Procedural Rights and Guarantees; 2 Settlements of Antitrust Investigations: Commitment Decisions under Article 9 of Regulation No 1/2003; 2.1 Text, Origin and Optimal Use; 2.2 Procedure; 2.3 Content and Effects; 2.4 Judicial Review; 2.5 Other Settlements; 3 Optimal Antitrust Fines: Theory and Practice

3.1 The Role of Fines in Antitrust Enforcement3.2 Optimal Fines for Single Offenders; 3.3 Optimal Fines for Collective Violations; 3.4 Can the Optimal Fine be Calculated in Practice?; 4 The European Commission's 2006 Guidelines on Fines; 4.1 Summary of the Guidelines; 4.2 The Purpose of Fines; 4.3 The Purpose of Guidelines, and the Qestion of Forseeability; 4.4 Basic Amount of the Fine; 4.5 Adjustments to the Basic Amount; 5 Leniency: Theory and Practice; 5.1 Introduction; 5.2 Contribution to Optimal Antitrust Enforcement; 5.3 Obstacles to the Introduction of Leniecy Policies

5.4 Some Further Issues6 Is Criminalisation the Answer?; 6.1 What Do We Mean By 'Criminalisation'?; 6.2 Is There a Tendancy to Criminalise Antitrust Enforcement in the EU Member States?; 6.3 Is Criminalisation of Antitrust Enforcement Desirable?; 6.4 Is it Problematic that Antitrust Enforcement is Criminalised at the Level of Individual EU Member States Without Parallel Criminalisation at the Level of the EU Institutions, Or Without EU Harmoni

6.5 Would it be Legally Possible to Criminalise Antitrust Enforcement at the Level of the EU Institutions or to Criminalise Antitrust Enforcement in all EU Member States Through EU Harmonisation?Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786611761363

9781472560193

1472560191

9781281761361

1281761362

9781847314130

1847314139

OCLC:

437224577