EU Competition Law: Procedures and Remedies

, by Gray, Margaret; Lester, Maya; Darbon, Cerry; Facenna, Gerry; Brown, Christopher; Holmes, Elisa

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ISBN: 9781904501640 | 1904501648
Cover: Hardcover
Copyright: 11/10/2006

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Competition litigation is expected to increase dramatically in light of the application of the modernized competition law regime and new procedural rules. EU Competition Law: Procedures and Remedies (EU Competition Law Library) provides essential practical reference on the enforcement of competition law by EU and national courts and competition authorities. The authors offer their expert knowledge of the practice and procedure of these bodies and the substantial and growing body of case law.

Table Of Legislation

Table Of Cases

xxxii

Eu Procedures

Introduction

(11)

General duty of the Commission

(2)

Powers of the Council

(1)

Enforcement of rules of competition by the Commission

(5)

Procedure for enforcement of rules of competition

(1)

The Directorate General for Competition

(2)

Invoking the procedure of the Commission

(32)

Introduction

(1)

Complaints

(21)

The Commission's initiative

(2)

Guidance letters and decisions of inapplicability

(8)

Inquiries and investigations

(55)

Introduction

(3)

Requests for information

(12)

Inspections

(25)

Inquiries into economic sectors

(2)

Confidentiality and professional secrecy

(5)

Legal professional privilege

(6)

Privilege against self-incrimination

(2)

Statement of objection

(15)

Duty to inform undertakings of objection

(1)

The statement of objections

100

(4)

Supporting documentation

104

(1)

Access to Commission files

105

(9)

Reply to statement of objections

114

(12)

The opportunity to be heard

114

(5)

Third parties

119

(2)

Written comments

121

(1)

Oral representations

122

(4)

Consultation with the Advisory Committee on Restrictive Practices and Monopolies

126

(4)

Composition of the Committee

126

(1)

Duty to consult the Committee

127

(2)

Consultation procedure

129

(1)

The outcome of the procedure

130

(28)

General

130

(8)

Final decisions

138

(10)

Interim measures

148

(4)

Commitments and informal settlements

152

(6)

Competition Law Remedies At The Court Of Justice Of The European Communities

Introduction

158

(1)

Action for annulment pursuant to Article 230 EC

159

(104)

General

159

(3)

Admissibility

162

(37)

Intervention

199

(1)

Grounds of review

200

(55)

Burden of proof

255

(1)

Effect of annulment

256

(7)

Action for failure to act pursuant to Article 232 EC

263

(6)

General

263

(1)

Time limits

264

(2)

Application

266

(3)

Review of decisions of the institutions imposing a fine or penalty payment pursuant to Article 229 EC

269

(8)

General

269

(2)

Scope of unlimited jurisdiction

271

(2)

Time limits

273

(1)

Grounds of review

274

(3)

Suspension of operation or enforcement and other interim measures pursuant to Article 242 EC and Article 243 EC

277

(11)

General

277

(3)

Admissibility

280

(5)

Intervention

285

(2)

Conditions for granting relief

287

(1)

Actions for damages

288

(1)

Expedited procedure

289

(1)

Appeals from decisions of the Court of First Instance pursuant to Article 56(1) of the Statute of the Court of Justice

290

(1)

General

290

Persons entitled to appeal

290/1

(1)

Time limits

290/3

(1)

Admissibility

290/4

(1)

Grounds of appeal

290/5

(1)

Judgment of the Court of Justice

290/6

(1)

Appeals in fines cases

290/9

(291)

Preliminary rulings on questions referred by national courts and tribunals pursuant to Article 234 EC

291

(2)

General

291

(1)

Competition cases

292

(1)

Administrative Enforcement In The Uk

Introduction

293

(7)

History and background

293

(4)

The role of the National Competition Authorities post modernisation

297

(3)

Legal and institutional structure of administrative enforcement in the UK

300

(68)

Legislative framework

300

(29)

The UK competition authorities

329

(39)

Interaction between Community law and UK law

368

(27)

Primacy of Community law decisions

368

(2)

Duty of consistent interpretation under the CA 1998

370

(4)

Power to apply EU law

374

(3)

Duty to apply EC law

377

(4)

Prohibition of application of stricter national laws

381

(4)

Impact of Regulation 1/2003 on the application of UK competition laws

385

(6)

Avoiding dual penalties

391

(2)

Cooperation between authorities in the enforcement of EC competition law

393

(2)

Possibilities for seeking guidance on compliance with competition law

395

(13)

Absence of formal notification system in the UK

395

(3)

Informal guidance

398

(2)

Opinions

400

(8)

Principles governing procedures for the administrative enforcement of competition law in the UK

408

(12)

The relevance of equivalent EC procedures: s 60 of the CA 1998

408

(5)

General principles of administrative fairness

413

(2)

Classification of CA 1998 proceedings for the purposes of the ECHR

415

(2)

Burden and standard of proof in establishing an infringement

417

(3)

Initiating an investigation

420

(37)

Initial consideration by the OFT

420

(6)

The status of complainants in the UK

426

(14)

The OFT's Issues Paper on complainants

440

(8)

Making a complaint

448

(9)

Early stages of investigation

457

(14)

Threshold test for CA 1998 investigation powers

459

(8)

Procedure for cancelling exemptions or withdrawing exclusions

467

(4)

Powers of investigation under the CA 1998

471

(59)

Requests for information under s 26 of the CA 1998

471

(5)

Inspection without a warrant under s 27 of the CA 1998

476

(12)

Inspection with warrant under ss 28 and 28A of the CA 1998

488

(16)

Investigations authorised by Regulation 1/2003 and Part II of the CA 1998

504

(19)

Criminal offences in case of non-cooperation with an OFT investigation

523

(7)

Other powers of investigation

530

(21)

The cartel offence

530

(11)

Investigations in relation to Company Director Disqualification Orders

541

(1)

RIPA powers

542

(5)

Parallel investigations

547

(4)

Limits to the OFT's powers of investigation

551

(25)

Privilege

551

(7)

Self-incrimination

558

(4)

Dealing with confidential information

562

(14)

Enforcement

576

(13)

Possible enforcement outcomes

576

(2)

Decisions to close an investigation

578

(2)

Whether the OFT has taken a decision is a matter of substance not form

580

(4)

Involvement of complainants in the enforcement procedure

584

(4)

Timetable for investigation

588

(1)

Interim measures

589

(13)

Power to grant interim measures

589

(5)

Procedure

594

(8)

Commitments

602

(17)

Power to accept commitments

602

(8)

Procedure

610

(9)

Decisions

619

(12)

Statement of objections procedure

619

(7)

Access to the OFT's file

626

(3)

Procedure following a decision

629

(2)

Directions

631

(7)

Power to give directions

631

(3)

Procedure

634

(4)

Penalties for breach of competition law

638

(56)

Penalties for CA 1998 infringements

638

(6)

Procedure for imposing penalties

644

(2)

The calculation of penalties

646

(12)

Penalties for the cartel offence

658

(2)

Company director disqualification

660

(5)

Leniency

665

(29)

Competition Appeal Tribunal: Procedure

Introduction

694

(9)

Membership

700

(2)

Website

702

(1)

Review of decisions

703

(23)

Sections 46 and 47 of the CA 1998

703

(11)

Standard of review

714

(8)

Powers of the Tribunal upon appeal

722

(4)

Procedure before the Tribunal

726

(158)

Consistency with Community law

726

(3)

The Tribunal Rules

729

(2)

The Tribunal Rules: general approach

731

(7)

Legal representation

738

(4)

Commencing appeals

742

(27)

Constitution of the Tribunal

769

(5)

The defence

774

(6)

Intervention

780

(9)

Forum

789

(2)

Case management

791

(14)

Interim relief

805

(6)

The hearing

811

(25)

Decisions of the Tribunal

836

(9)

Consent orders and settlement

845

(7)

Remittal and referral back

852

(4)

Costs

856

(13)

Interest

869

(3)

Appeals from decisions of the Tribunal

872

(12)

Obtaining Competition Law Remedies In The Uk

Introduction

884

(1)

The UK courts as the forum for obtaining competition law remedies

885

(22)

The Chancery Division as the appropriate forum

885

(8)

Cooperation with the competition authorities

893

(2)

Intervention by competition authorities

895

(3)

Avoidance of conflict with competition authorities

898

(9)

The early disposal of competition claims

907

(5)

Striking out competition law pleadings

909

(2)

Summary judgment on competition points

911

(1)

Injunctions

912

(3)

Damages in the High Court

915

(13)

Community right to damages

915

(3)

Claims for damages

918

(2)

Possible claimants

920

(2)

Passing on

922

(1)

Quantum

923

(2)

Limitation

925

(1)

Jurisdiction

926

(2)

Monetary claims in the Competition Appeal Tribunal

928

(59)

Types of claim that can be brought

928

(4)

Preconditions to bringing a claim

932

(5)

Application of the Tribunal's Rules

937

(2)

Case management by the Tribunal

939

(3)

Limitation periods

942

(2)

The claim form

944

(6)

Amendment of claim form

950

(1)

Joinder of parties

951

(1)

Acknowledgement of service

952

(1)

Defence

953

(3)

Additional claims and counterclaims

956

(2)

Further pleadings

958

(1)

Withdrawing a claim

959

(1)

Summary disposal by the Tribunal

960

(4)

Consumer actions

964

(7)

Settlement of monetary claims

971

(5)

Security for costs

976

(3)

Interim payments

979

(6)

Orders for payment of damages

985

(2)

Transfer of claims

987

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EU Competition Law: Procedures and Remedies

Summary

Author Biography

Table of Contents

Supplemental Materials