EU Antitrust Procedure

by Ekaterina Rousseva (Editor)

Overview

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.

Product Details

ISBN-13:	9780192576248
Publisher:	OUP Oxford
Publication date:	04/16/2020
Sold by:	Barnes & Noble
Format:	eBook
Pages:	1224
File size:	2 MB

About the Author

Dr Ekaterina Rousseva has extensive experience in the field of competition law. After practicing as an attorney, she joined the Directorate General for Competition at the European Commission in 2007 and since then has worked on a broad range of antitrust cases and policy projects. She holds a Phd from the European University Institute in Florence, Italy. She has authored the monograph "Rethinking Exclusionary Abuses in EU competition law" (Hart 2010) and numerous competition law articles. She is a visiting lecturer in competition law at the University of Sofia since 2011.

Table of Contents

I. INTRODUCTION
1. Overview of the EU antirust procedure, Monica Cunningham, Damien Gerard, Ekaterina Rousseva
II. ANTITRUST INVESTIGATIONS
2. Requests for Information and Sector Inquires, Manuel Kellerbauer and Konstantina Strouvali
3. Inspections, Jan Nuijten
4. Power to take Statements, Annemarie Ter Heegde and Ekaterina Rousseva
5. Leniency and Whistle-blowers, Sari Suurn kki and Paolo Tomassi
III. OUTCOME OF THE INVESTIGATION
6. rdinary Procdure: From Initiation of Proceedings to the Adoption of a Final Decision, Viktor Bottka, Lukas Repa and Ekaterina Rousseva
7. Cartel Settlements and Antirust Cooperation, Aleko Bogdanov and Thomas K ster
8. Commitments, Ulrich von Koppenfels and Flavien Christ
9. Interim measures, G bor G l and Konstantina Srouvali
10. Handling and Rejecting Complaints, Anthony Dawes and Ekaterina Rousseva
IV. THE RIGHTS OF DEFENCE
11. An Overview of the Rights of Defence in Antitrust proceedings, Andreas Scordamaglia-Tousis
12. Access-to-the File, Henry Abbott and Wouter Wils
13. Oral Hearing, Wouter Wils
V. FINES AND PERIODIC PENALITES
14. Fines Imposed for Substantive Infringements of Articles 101 & 102 TFEU, Tatiana L pez Garrido & Alexandros Papanikolaou
15. Fines for Procedural Infringements and Periodic Penalties, Tatiana L pez Garrido & Alexandros Papanikolaou
VI. OTHER PROCEDURES RELATED TO THE APPLICATION OF THE ANTITURST RULES
16. Infringements of the antitrust rules by the EU Member States, Eli%ska Mamdaniov
17. Publication of Antitrust Decisions and Other Documents, Annemarie ter Heegde and Kristina Todorova-Milanova
18. Judicial Review of Commission Decisions and Judicial Protection, Alexander Kornezov
VIII. COOPERATION IN ANTIRUST ENFORCEMENT
19. Cooperation within the ECN and strengthening of National Competition Authorities, Elisavet Arsenidou, Jeroen Capiau, Ailsa Sinclair and Jurga Stanciute
20. Cooperation between the Commission and the Courts of the EU Member States, Johannes Holzwarth
21. Cooperation between the Courts of the EU Member States and the Court of Justice, Martin Farley
22. International Cooperation, Pascal Berghe, Philipp Gasparon and Eddy De Smijter