ISBN : 9780198856177
Companion website: www.oup.com/rousseva
The EU antitrust enforcement system for several decades has been one of the most mature antitrust enforcement systems in the world. The European Commission has been recognised as a leading antitrust agency internationally, and a role model for enforcers. This would not have been possible without effective procedural rules.
This volume provides a comprehensive and practically-oriented account of EU antirust procure. After setting out the institutional design and legal framework of the EU antitrust enforcement system, it explores the EU Commission's investigative powers, the possible outcomes of its investigations, the types of decisions it adopts and the remedies and fines it imposes. This volume looks closely at the rights of defences enjoyed by the investigated parties, and how the EU Commission strike a balance between their full observance on the one hand and the effectiveness of its enforcement on the other. Particular attention is given to the judicial review of the EU Commission's acts and the role of the EU Courts in providing judicial protection and ensuring compliance with fundamental rights and principles. Recognising cooperation as a key feature of the EU antitrust enforcement system, the volume explores the mechanisms for cooperation between national antitrust enforcers and the EU Commission, between national courts and the EU Court of Justice as well as the mechanisms for international cooperation. It also provides an in-depth review of the ECN+ Directive and explains how it contributes to making national competition authorities more effective enforcers. Written primarily with enforcers and practitioners in mind, it is essential reading for anyone with an interest in EU antitrust procedure.
EU Antitrust Procedure: Digital Pack includes a digital app with enhanced user functionalities that ensure that you have access to the text and all your accompanying notes wherever you are. The app is available on PC, Mac, Android devices, iPad or iPhone.
I. INTRODUCTION
1 Monica Cunningham, Damien Gerard, Ekaterina Rousseva: Overview of the EU Antirust procedure: Legal Framework, Institutional Design and Decision Making Process
II. ANTITRUST INVESTIGATIONS
2 Manuel Kellerbauer and Konstantina Strouvali: Requests for Information and Sector Inquires
3 Jan Nuijten: Inspections
4 Annemarie Ter Heegde and Ekaterina Rousseva: Power to Take Statements
5 Sari Suurnakki and Paolo Tomassi: Leniency and Whistle-blowers
III. OUTCOME OF THE INVESTIGATION
6 Viktor Bottka, Lukas Repa and Ekaterina Rousseva: Ordinary Procedure: From Initiation of Proceedings to the Adoption of a Final Decision
7 Aleko Bogdanov and Thomas Koster: Cartel Settlements and Antirust Cooperation
8 Ulrich von Koppenfels and Flavien Christ: Commitments
9 Gabor Gal and Konstantina Strouvali: Interim Measures
10 Anthony Dawes and Ekaterina Rousseva: Handling and Rejecting Complaints
IV. THE RIGHTS OF DEFENCE
11 Andreas Scordamaglia-Tousis: An Overview of the Rights of Defence in Antitrust Proceedings
12 Henry Abbott and Wouter Wils: Access-to-the File
13 Wouter Wils: Oral Hearing
V. FINES AND PERIODIC PENALITES
14 Tatiana Lopez Garrido & Alexandros Papanikolaou: Fines Imposed for Substantive Infringements of Articles 101 & 102 TFEU
15 Tatiana Lopez Garrido & Alexandros Papanikolaou: Fines for Procedural Infringements and Periodic Penalties
VI. OTHER PROCEDURES RELATED TO THE APPLICATION OF THE ANTITURST RULES
16 Eliska Mamdaniova: Infringements of the Antitrust Rules by the EU Member States
17 Annemarie ter Heegde and Kristina Todorova-Milanova: Publication of Antitrust Decisions and Other Documents
18 Alexander Kornezov: Judicial Review of Commission Decisions and Judicial Protection
VIII. COOPERATION IN ANTIRUST ENFORCEMENT
19 Elisavet Arsenidou, Jeroen Capiau, Ailsa Sinclair and Jurga Stanciute: Cooperation within the ECN and strengthening of National Competition Authorities
20 Johannes Holzwarth: Cooperation between the Commission and the Courts of the EU Member States
21 Martin Farley: Cooperation between the Courts of the EU Member States and the Court of Justice
22 Pascal Berghe, Philipp Gasparon and Eddy De Smijter: International Cooperation
