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Market Design Powers of the European Commission?: Remedies under Articles 7 and 9 Regulation 1/03: Munich Studies on Innovation and Competition, cartea 13

Autor Korbinian Reiter
en Limba Engleză Paperback – 7 feb 2021
This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this studyprovides valuable insights for academics and practitioners alike.
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Specificații

ISBN-13: 9783662607138
ISBN-10: 3662607131
Ilustrații: XVII, 563 p. 2 illus.
Dimensiuni: 155 x 235 mm
Greutate: 0.81 kg
Ediția:1st ed. 2020
Editura: Springer Berlin, Heidelberg
Colecția Springer
Seria Munich Studies on Innovation and Competition

Locul publicării:Berlin, Heidelberg, Germany

Cuprins

Introduction.- Prolegomena.- The relaxation of the link between harm and remedy.- The relaxation of procedural safeguards.- The impact of commitments on legal certainty.- Outlook: Discussions of reform proposals.- Summary of key findings.

Notă biografică

Korbinian Reiter is a lawyer in Berlin and former researcher at the Max-Planck-Institute for Innovation and Competition as well as a former legal secretary at the General Court and at the Court of Justice of the European Union.

Textul de pe ultima copertă

This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this studyprovides valuable insights for academics and practitioners alike.

Caracteristici

Provides a comprehensive analysis of the European Commission's and the EU Courts' practice Written in clear language Includes a chapter on reform options