1.

Record Nr.

UNINA9910377835303321

Autore

Reiter Korbinian

Titolo

Market Design Powers of the European Commission? : Remedies under Articles 7 and 9 Regulation 1/03 / / by Korbinian Reiter

Pubbl/distr/stampa

Berlin, Heidelberg : , : Springer Berlin Heidelberg : , : Imprint : Springer, , 2020

ISBN

3-662-60711-5

Edizione

[1st ed. 2020.]

Descrizione fisica

1 online resource (578 pages)

Collana

Munich Studies on Innovation and Competition, , 2199-7470 ; ; 13

Disciplina

346.407

Soggetti

Commercial law

European Economic Community

Economic policy

Europe - Politics and government

European Economic Law

Business Law

Economic Policy

European Politics

European Union countries

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

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.

Sommario/riassunto

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 study provides valuable insights for academics and practitioners alike.