Principles of European antitrust enforcement

Abstract:

This work is concerned with the changes relating to Articles 81 and 82 EC which follow from Regulation 1/2003. It is comprised of six chapters which analyse the main elements of the new enforcement system and plant some signposts as to the way ahead.

Chapter one presents an overview of Regulation No.1/2003 and some of the issues surrounding its introduction. Chapter two concentrates upon the European Competition Network and the extent to which this network is compatible with the requirements of the European Convention on Human Rights and of the Charter of Fundamental Rights of the EU. Chapter three examines the application of the principle of ‘double jeopardy’ within the European Competition Network. Chapter four explores the role of private enforcement of Articles 81 and 82 EC which was ushered in by Regulation No.1/2003. The fifth chapter addresses the issue of intelligence and evidence gathering from antitrust violators, and the associated issues of authorities' powers of investigation, privileges against self-incrimination and the instrument of leniency. The final chapter offers analysis of the advantages and disadvantages of the current antitrust enforcement system which combines the investigative, prosecutorial and adjudicative functions.

The work will interest scholars and students, researchers and practitioners engaged in Competition Law and Antitrust Regulation within the EU.