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Vol 24 No 9 Sept/Oct 2019

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The EU Leniency Policy: Reconciling Effectiveness and Fairness


ISBN13: 9789041184795
Published: October 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £104.00



In stock.

The EU Leniency Policy offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme.

To safeguard the legitimacy of the leniency programme, this book identifies that the European Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness of the EU leniency policy.

The book looks at why leniency is important and examines to what extent the current policy is effective and fair. The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels which are the most harmful infringements in EU competition law. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement.

Looking back at the overall development since the inception of the first Leniency Notice, this book demonstrates that effectiveness and fairness have been successfully reconciled, and it has been updated to reflect the state of law as of 1 June 2017.

What’s in this book:-

Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following:-

  • the theoretical model of the EU fining policy;
  • the compatibility of the EU enforcement system with fundamental rights protection;
  • the gathering and evaluation of evidence at the preliminary investigation stage;
  • the severity and foreseeability of the EU cartel fines;
  • judicial review by the EU Courts in cartel matters;
  • to what extent the current policy is effective and fair; and
  • reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive.

    The theme throughout all chapters is the reconciliation of effectiveness and fairness. After setting the scene in Chapter 1 and clarifying the key concepts of ‘effectiveness’ and ‘fairness’ in Chapter 2, the subsequent chapters deal with the development of the EU leniency policy. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy.

    How this will help you:-

    As a clear demonstration of how to forestall the danger of focusing on the effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.

Subjects:
Competition Law
Contents:
Foreword
Preface
Acknowledgments
List of Abbreviations and Acronyms
CHAPTER 1 Introduction
CHAPTER 2 Reconciling Effectiveness and Fairness
CHAPTER 3 Effectiveness and Fairness in EU Cartel Enforcement
CHAPTER 4 Effectiveness and Fairness in the EU Leniency Policy
CHAPTER 5 Internal Factors Affecting the Effectiveness and Fairness of the EU Leniency Policy
CHAPTER 6 The Impact of Private Actions for Damages on the Effectiveness and Fairness of the EU Leniency Policy
CHAPTER 7 Conclusion
Bibliography
Table of Cases
Table of Legislation
Index

Series: International Competition Law

Criminal Law Principles and the Enforcement of EU and National Competition Law: A Silent Takeover? ISBN 9789403514345
To be published November 2019
Kluwer Law International
£126.00
Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
To be published October 2019
Kluwer Law International
£111.00
Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
To be published October 2019
Kluwer Law International
£123.00
Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
Published October 2019
Kluwer Law International
£109.00
Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
Published September 2019
Kluwer Law International
£98.00
Fidelity Rebates in Competition Law: Application of the 'As Efficient Competitor' Test ISBN 9789403505701
Published November 2018
Kluwer Law International
£96.00
£138.00
Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
Published July 2018
Kluwer Law International
£98.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
£124.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£209.00
£113.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£214.00
£130.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£161.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£160.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£101.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£113.00
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£109.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£122.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£101.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£105.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£118.00
£122.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£118.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£126.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£118.00
£97.00
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£113.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£134.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£131.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£133.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£143.00
£177.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£249.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£249.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£196.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£181.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£196.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£130.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£211.00
£130.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£134.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£169.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£105.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£127.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£89.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£122.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£105.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£122.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£134.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£129.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£142.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£134.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£112.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£75.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned