Legitimacy in Eu Cartel Control
Ingeborg Simonsson - Hart Publishing, 2010
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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.
