Legitimacy in EU Cartel Control
This book examines the laws enacted by the EU to control cartels. These laws are carefully documented and analyzed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures, and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues, such as mixed horizontal and vertical cartels, single-brand dealer cartels, and buyer cartels. The effect on trade in cartel cases is analyzed with reference to established law and deterrence theory. Throughout the book, the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts, and private practitioners. The book includes in-depth comparisons with US law, as well as a comprehensive survey of the secondary (academic) literature on cartels. As such, it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.
Publication Date: 2/23/2010