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© 2020

Market Design Powers of the European Commission?

Remedies under Articles 7 and 9 Regulation 1/03

Book
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Part of the Munich Studies on Innovation and Competition book series (MSIC, volume 13)

Table of contents

  1. Front Matter
    Pages i-xvii
  2. Korbinian Reiter
    Pages 1-14
  3. Korbinian Reiter
    Pages 15-62
  4. Korbinian Reiter
    Pages 365-439
  5. Korbinian Reiter
    Pages 441-516
  6. Korbinian Reiter
    Pages 517-559
  7. Korbinian Reiter
    Pages 561-563

About this book

Introduction

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.

Keywords

EU competition law Remedies Injunctions Commitment decisions Article 7 Regulation 1/03 Article 9 Regulation 1/03 C-441/07 P Alrosa judgment

Authors and affiliations

  1. 1.BerlinGermany

About the authors

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.

Bibliographic information

  • Book Title Market Design Powers of the European Commission?
  • Book Subtitle Remedies under Articles 7 and 9 Regulation 1/03
  • Authors Korbinian Reiter
  • Series Title Munich Studies on Innovation and Competition
  • Series Abbreviated Title Munich Studies on Innovation and Competition
  • DOI https://doi.org/10.1007/978-3-662-60711-4
  • Copyright Information Springer-Verlag GmbH Germany, part of Springer Nature 2020
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Law and Criminology Law and Criminology (R0)
  • Hardcover ISBN 978-3-662-60710-7
  • Softcover ISBN 978-3-662-60713-8
  • eBook ISBN 978-3-662-60711-4
  • Series ISSN 2199-7462
  • Series E-ISSN 2199-7470
  • Edition Number 1
  • Number of Pages XVII, 563
  • Number of Illustrations 2 b/w illustrations, 0 illustrations in colour
  • Topics European Economic Law
    Business Law
    Economic Policy
    European Union Politics
  • Buy this book on publisher's site