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.
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 A
dán Nieto
Martín, Country Analysis – United Kingdom
Stephen Weatherill,
Questionnaire
