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The Added Value of the ECN+ Directive: Exploring the Design of the European Legal Framework for the EU Antitrust Public Enforcement by National Competition Authorities


ISBN13: 9789462513877
To be Published: February 2026
Publisher: Europa Law Publishing
Country of Publication: Netherlands
Price: £74.50





Naida Dzino-Jasarevic was born on 6 July 1992 in Sarajevo, Bosnia and Herzegovina, and has lived in the Netherlands since early childhood. She studied European law and Dutch law at Maastricht University and obtained her degrees in 2016. Naida worked as junior lecturer at the department of international and European law at the Radboud University from 2017 till 2023. Her study examines the design of the European legal framework for the EU antitrust public enforcement by National Competition Authorities (NCAs). It evaluates whether the ECN+ Directive equips NCAs to act effectively, enabling them to reach the objectives of EU antitrust public enforcement, namely reating deterrence, clarifying the law and ensuring procedural fairness.

Effectiveness is evaluated across six indicators, namely: independence and resources, investigative powers, decision-making powers, sanctioning powers, leniency and cooperation. Drawing on insights from Germany and the Netherlands, the study proposes concrete improvements to strengthen the EU enforcement framework.

Subjects:
Competition Law
Contents:
Preface vii
Acknowledgements xi
Table of contents xv

CHAPTER 1 Introduction
1. Introduction
2. Challenges to public enforcement under Regulation 1/2003
3. Research question and sub-questions
4. Broader context surrounding effectiveness
5. Structure

CHAPTER 2 Approach, concepts and methods
1. Introduction
2. Clarification of concepts
3. Choosing the relevant indicators
4. Conclusion

CHAPTER 3 EU antitrust public enforcement under Regulation 1/2003
1. Introduction
2. Regulation 1/2003 and national autonomy
3. Reviewing Regulation 1/2003 in the light of the indicators
4. Trust between the Commission and the NCAs?
5. Conclusion

CHAPTER 4 Directive 2019/1: towards an effective framework for NCAs?
1. Introduction
2. How does Directive 2019/1 intend to complement Regulation 1/2003?
3. Reviewing Directive 2019/1 in the light of the indicators
4. Evaluation: remaining issues
5. Trust in the enforcement work of the NCAs?
6. Conclusion

CHAPTER 5 The ECN+ Directive and the EU antitrust public enforcement in Germany and the Netherlands
1. Introduction
2. Domestic public enforcement of the EU antitrust rules
3. Public enforcement of EU antitrust law in Germany
4. Public enforcement of EU antitrust law in the Netherlands
5. Conclusion

CHAPTER 6 Synthesis
1. Introduction
2. Indicators
3. Directive 2019/1
4. The implementation of Directive 2019/1 in Germany and the Netherlands
5. Recommendations: how can Directive 2019/1 be further improved?
6. Conclusion

CHAPTER 7 Conclusion
1. Introduction
2. Directive 2019/1 and the effectiveness of NCAs
3. Remaining observations
4. Final observations

Summary in Dutch
Bibliograph