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Vol 21 No 10 Oct/Nov 2016

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Sanctions in EU Competition Law: Principles and Practice


ISBN13: 9781509907038
Published: July 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £36.99
Hardback edition , ISBN13 9781849465182



In stock.

In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission.

More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes.

This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement.

This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement.

The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The PhD thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.

Subjects:
Competition Law
Contents:
1. General Introduction

2. The Decentralisation of EU Competition Law 6
2.1 Introduction
2.2 Shared Administration
2.3 Sanctioning Autonomy
2.4 Cooperation and Coordination
2.5 Conclusion

3. The Economics of Decentralisation
3.1 Introduction
3.2 Economic Considerations in the Allocation of Competences
3.3 Transaction Costs and Diseconomies of Scale
3.4 Information Advantages
3.5 Accommodating Domestic Preferences
3.6 Regulatory Competition
3.7 Regulatory Innovation
3.8 Conclusion

4. Uncovering EU Sanctioning Principles
4.1 Introduction
4.2 EU Principles in the National Legal Order
4.3 Sanctioning Principles in Articles 101 and 102 TFEU
4.4 Sanctioning Principles in the Free Movement Rights
4.5 Sanctioning Principles in the Fundamental Rights
4.6 Sanctioning Principles in the Duty of Sincere Cooperation
4.7 Conclusion

5. The Development of Domestic Sanctioning Powers
5.1 Introduction
5.2 Institutional Enforcement Frameworks
5.3 Interim Measures
5.4 Early Resolution Measures
5.5 Declaratory Findings
5.6 Reparatory Sanctions
5.7 Pecuniary Sanctions
5.8 Custodial Sanctions
5.9 Disqualification Orders
5.10 Conclusion

6. Economies and Diseconomies in the Division of Sanctioning Competences
6.1 Introduction
6.2 Cost-Reducing Sanctioning Principles and Convergence Tendencies
6.3 Domestic Preferences and the Efficient Use of Enforcement Expenditures
6.4 Innovation through Decentralisation

7. General Conclusions
7.1 Sanctioning Principles, Convergence Tendencies and Enforcement Costs
7.2 Reflections and Recommendations

Series: Hart Studies in Competition Law

Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
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The EU's Antitrust Alternative ISBN 9781509910670
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
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Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
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Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
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£75.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
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£50.00
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
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£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
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£58.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
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Joint Ventures and EU Competition Law ISBN 9781841137933
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
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Cross-Border EU Competition Law Actions ISBN 9781849463744
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
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£41.66 + £8.33 VAT
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State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
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£45.82 + £9.17 VAT
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
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