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Competition Law Sanctioning in the European Union

Competition Law Sanctioning in the European Union

Edited by Gerhard Dannecker, Oswald Jansen


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As of May 2004, national competition authorities in EU Members States are empowered to enforce sanctions on infringement of the competition rules laid down in Articles 81 and 82 EC Treaty. As a result, it is crucially important for practitioners to be conversant with the competition law of the EU Member States.

This book offers thorough reports by local practitioners or academics on twelve national competition law systems within the EU and focuses on sanctioning law. It includes detailed information on sanctioning under both criminal law and administrative law at the national as well as the EC level, with expert analysis of the criminal law and administrative law principles to be applied. It also features contributions on the themes such as fining policy, leniency, investigatory powers, mutual assistance in administrative and criminal matters in relation to the cooperation between national competition authorities, and Swiss competition law.

As a thorough synthesis of the state of competition law in Europe, and the difficulties to be dealt with in relation to sanctioning law in the new decentralized system, this book is of great practical as well as academic significance.

The book reproduces the results of a research project which was realized in close cooperation between the law faculty of the University of Bayreuth and the Centre for the Enforcement of European Law (CEEL) of the University of Utrecht. The project was supported by Deutsche Forschungsgemeinschaft (DFG), Nederlandse Organisatie voor wetenschappelijk onderzoek (NWO), and the Dutch Competition Authority.

Last Updated 03/12/2004
Update Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041121004
SKU 10059078-0001
Table of Contents
Preface, List of abbreviations GENERAL REPORT Gerhard Dannecker/Yasemin Körtek Part I Competition Law at the European and national level Part II The Reform of European Competition Law The Competition Act and the Enterprise Act Reforms: Sanctions And Deterrence In UK Competition Law Barry J. Rodger, Competition Investigations: A Comparison of the Powers of The European Commission and the UK Authorities Peter R. Willis, Reform of European Competition Law: Changes in the Cooperation between Competition Authorities and the Effects On The Sanctioning System Silke Hossenfelder, Fines and the Reform Of European Competition Law: The View of a National Competition Authority Monique Van Oers, Sanctions in view of the Reform of European Competition Law From a Practitioner’s Experience Ute Zinsmeister, The System of Sanctions and Enforcement Co-Operation in US Antitrust Law Michael O. Wise, Cartel Laundering. Adverse Effects of the Reform of the European Competition Law on the Dutch Legal System Bernd M.J. Van Der Meulen, The Netherlands Competition Authority and its Policy on Fines and Leniency Monique Van Oers/Bernd M.J. Van Der Meulen, Competition Law Sanctioning – The Situation in Switzerland Dorothea Senn, The Systems of International Cooperation in Administrative and Criminal Matters in Relation to Regulation EC 1/2003 Oswald Jansen, Country Analysis – Austria Frank Höpfel/Robert Kert, Country Analysis – Belgium Geert A. Zonnekeyn, Country Analysis – Denmark Lars H. Eriksen, Country Analysis – France Eric David, Country Analysis – Germany Jörg Biermann, Country Analysis – Greece Theodoros Papakiriakou, Country Analysis – Ireland Imelda Maher, Country Analysis – Italy Alessandro Bernardi/Ciro Grandi, Country Analysis – The Netherlands Oswald Jansen, Country Analysis – Portugal Carolina Cunha, Country Analysis – Spain I Santiago Gonzáles-Varas, Country Analysis – Spain II Adán Nieto Martín, Country Analysis – United Kingdom Stephen Weatherill, Questionnaire