Download Principles of European Antitrust Enforcement by Wouter P J Wils PDF

By Wouter P J Wils

After could 1 2004, the enforcement of eu antitrust legislations entered a brand new period. whilst ten new Member States joined the ecu Union, law No. 17, which had ruled the enforcement of Articles eighty one and eighty two EC when you consider that 1962, used to be changed via rules No. 1/2003, which has ushered in far-reaching alterations. This ebook brings jointly six essays which examine the historical past and major features of the hot enforcement procedure, in addition to a couple of extraordinary questions and strength components of extra reform, together with the query no matter if inner most antitrust enforcement will be inspired, and the query no matter if the decisional energy in antitrust concerns might be transferred to the courts. unique recognition is given to the matter of the compatibility of the hot enforcement procedure and of the perform of ecu antitrust enforcement with the necessities of the ecu conference of Human Rights and the constitution of primary Rights of the eu Union, together with the main of ne bis in idem, the privilege opposed to self-incrimination, and the precise to an autonomous and neutral tribunal.

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Finally, as I have argued in detail elsewhere,140 provided that all existing information about the law is made publicly available, that the underlying conceptions of the law are broadly understood by the business and legal communities, and that the content of the law is not dependent on discretionary political decisions––three conditions which are fulfilled in the case of Articles 81 and 82 EC today141––companies, with the help of their legal and economic advisors, are better able than any competition authority to assess in advance whether envisaged agreements or practices comply with the antitrust prohibitions, as they have better access to all relevant information.

117 Indeed, under Article 7 of Regulation No 1/2003 (and before under Article 3 of Regulation No 17), any natural or legal person who can show a legitimate interest can lodge a complaint requesting the Commission to take action against a violation of Articles 81 or 82 EC. Many Commission actions start this way. 118 114 Judgment of 20 September 2001 in Case C–453/99 Courage v Crehan [2001] ECR I–6314 para 26. In para 104 of his Opinion of 22 May 2003 in Joined Cases C–246/01, C–306/01, C–354/01 and C–355/01, AOK Bundesverband, not yet published in ECR, Advocate General Jacobs has expressed the view that the same analysis would apply equally to injunctive relief.

It is true that the function of block exemptions has in part changed. As explained above,125 block exemption regulations were initially adopted as an instrument to reduce the huge number of notifications which the Commission could not handle administratively. This historical justification is of course no longer relevant. However, block exemptions remain useful as a mechanism to save on enforcement costs. 126 121 See n 22 above as to Article 10 of the Regulation. Even if the text of Article 9(1) of Regulation No 17 appeared to grant the Commission sole power not only to adopt individual exemption decisions but also block exemption regulations, the Commission has never claimed this.

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