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35,00 €

The European Competition Network - Challenges and Perspectives

Pages
172
ISBN
1-904673-80-5
2010 / No. 3
Print Edition

TABLE OF CONTENTS
INTRODUCTION

I. UNITED IN DIVERSITY: A NETWORK FOR THE ENFORCEMENT OF EU COMPETITION LAW

A. Facing Diversity on a National Level
a. Asymmetries in Terms of Institutions
i. Differences with Respect to “Institutional Design”
ii. Differences with Respect to “Institutional Endowments”
b. “Arrhythmia” in Terms of Procedures
i. Differences with Respect to Procedures
ii. First Signs of Convergence

B. Affirming Unity on an EU Level
a. Decentralisation of EU Competition Law Enforcement through the National Competition Authorities
i. The Case Allocation Mechanism
ii. The Information Exchange Mechanism
b. Coherence in EU Competition Law Enforcement through the European Commission
i.The Focal Position of the European Commission with Respect to Case Allocation
ii.The “Leading Role” of the European Commission in Investigations

II. THE EU COMPETITION LAW ENFORCEMENT SYSTEM IN THE LIGHT OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

A. The Functioning of the European Competition Network
a. The ne bis in idem Principle in a System of Parallel Competencies
b. Due Process Guarantees in the Exchange of Information

B. EU Competition Law Enforcement by the European Commission
a. Its Fining Policy in the Light of the Principle of Legality of Criminal Sanctions
b. Its Structure in the Light of the Requirement of an “Independent and Impartial Tribunal”

CONCLUDING REMARKS

 

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