Market Design Powers of the European Commission?

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 studyprovides valuable insights for academics and practitioners alike.

Provides a comprehensive analysis of the European Commission's and the EU Courts' practice Written in clear language Includes a chapter on reform options

Auteur

Korbinian Reiter is a lawyer in Berlin and former researcher at the Max-Planck-Institute for Innovation and Competition as well as a former legal secretary at the General Court and at the Court of Justice of the European Union.

Contenu
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.