EU Antitrust Procedure

Edited by Ekaterina Rousseva

Presents the EU antitrust enforcement system and procedure in a practically oriented manner from the vantage point of the enforcer
Explores the investigative and decision making powers of the European Commission in antitrust proceedings and the judicial scrutiny exercised by the EU Courts
Provides a full account of the rights of defence and the balance between their full observance and effective antitrust enforcement
Explores the mechanisms for cooperation between national antitrust enforcers and the EU Commission, between national courts and the EU Court of Justice as well as the mechanisms for international cooperation
Provides an in-depth review of the ECN+ Directive and explains how it contributes to making national competition authorities more effective enforcers
Written primarily with enforcers and practitioners in mind, it is essential reading for anyone with an interest in EU antitrust procedure

EU Antitrust Procedure

Edited by Ekaterina Rousseva

Description

The EU antitrust enforcement system for several decades has been one of the most mature antitrust enforcement systems in the world. The European Commission has been recognised as a leading antitrust agency internationally, and a role model for enforcers. This would not have been possible without effective procedural rules.

This volume provides a comprehensive and practically-oriented account of EU antirust procure. After setting out the institutional design and legal framework of the EU antitrust enforcement system, it explores the EU Commission's investigative powers, the possible outcomes of its investigations, the types of decisions it adopts and the remedies and fines it imposes. This volume looks closely at the rights of defences enjoyed by the investigated parties, and how the EU Commission strike a balance between their full observance on the one hand and the effectiveness of its enforcement on the other. Particular attention is given to the judicial review of the EU Commission's acts and the role of the EU Courts in providing judicial protection and ensuring compliance with fundamental rights and principles. Recognising cooperation as a key feature of the EU antitrust enforcement system, the volume explores the mechanisms for cooperation between national antitrust enforcers and the EU Commission, between national courts and the EU Court of Justice as well as the mechanisms for international cooperation. It also provides an in-depth review of the ECN+ Directive and explains how it contributes to making national competition authorities more effective enforcers. Written primarily with enforcers and practitioners in mind, it is essential reading for anyone with an interest in EU antitrust procedure.

EU Antitrust Procedure

Edited by Ekaterina Rousseva

I. INTRODUCTION
1: Overview of the EU antirust procedure: Legal Framework, Institutional Design, and Decision-Making Process, Monica Cunningham, Damien Gerard, Ekaterina Rousseva
II. ANTITRUST INVESTIGATIONS
2: Requests for Information and Sector Inquires, Manuel Kellerbauer and Konstantina Strouvali
3: Inspections, Jan Nuijten
4: Power to Take Statements, Annemarie ter Heegde and Ekaterina Rousseva
5: Leniency and Whistle-blowers, Sari Suurnäkki and Paolo Tomassi
III. OUTCOMES OF AN INVESTIGATION
6: Ordinary Procedure: From Initiation of Proceedings to the Adoption of a Final Decision, Viktor Bottka, Lukas Repa and Ekaterina Rousseva
7: Cartel Settlements and Antitrust Cooperation, Aleko Bogdanov and Thomas Köster
8: Commitments, Ulrich von Koppenfels and Flavien Christ
9: Interim Measures, Gábor Gál and Konstantina Srouvali
10: Handling and Rejecting Complaints, Anthony Dawes and Ekaterina Rousseva
IV. THE RIGHTS OF DEFENCE
11: An Overview of the Rights of Defence in EU Antitrust Proceedings, Andreas Scordamaglia-Tousis
12: Access to the File in Antitrust Proceedings Before the European Commission, Henry Abbott and Wouter Wils
13: Oral Hearing, Wouter Wils
V. FINES AND PERIODIC PENALITES
14: Fines Imposed for Substantive Infringements of Articles 101 and 102 TFEU, Tatiana López Garrido and Alexandros Papanikolaou
15: Fines for Procedural Infringements and Periodic Penalties, Tatiana López Garrido and Alexandros Papanikolaou
VI. OTHER PROCEDURES RELATED TO THE APPLICATION OF THE ANTITRUST RULES
16: Infringements of the Antitrust Rules by the EU Member States, eliška Mamdaniová
VII. STEPS FOLLOWING THE ADOPTION OF A COMMISSION DECISION
17: Publication of Antitrust Decisions and Other Documents, Annemarie ter Heegde and Kristina Todorova-Milanova
18: Judicial Review of Commission Decisions and Judicial Protection, Alexander Kornezov
VIII. COOPERATION IN ANTITRUST ENFORCEMENT
19: Cooperation Within the ECN and Strengthening of National Competition Authorities, Elisavet Arsenidou, Jeroen Capiau, Ailsa Sinclair and Jurga Stanciute
20: Cooperation between the Commission and the Courts of the EU Member States, Johannes Holzwarth
21: Cooperation between the Courts of the EU Member States and the Court of Justice, Martin Farley
22: International Cooperation, Eddy De Smijter, Philipp Gasparon and Pascal Berghe

EU Antitrust Procedure

Edited by Ekaterina Rousseva

Author Information

Edited by Ekaterina Rousseva, Directorate General for Competition of the European Commission

Dr Ekaterina Rousseva has extensive experience in the field of competition law. After practicing as an attorney, she joined the Directorate General for Competition at the European Commission in 2007 and since then has worked on a broad range of antitrust cases and policy projects. She holds a Phd from the European University Institute in Florence, Italy. She has authored the monograph "Rethinking Exclusionary Abuses in EU competition law" (Hart 2010) and numerous competition law articles. She is a visiting lecturer in competition law at the University of Sofia since 2011.

Contributors:

Henry Abbott, Hearing Officer Case-handler, European Commission
Elisavet Arsenidou, Policy Officer, DG Competition, European Commission
Pascal Berghe, Member of the Legal Service, European Commission
Aleko Bogdanov, Policy and Case coordinator, DG Competition, European Commission
Viktor Bottka, Member of the Legal Service, European Commission
Jeroen Capiau, Case-handler, DG Competition, European Commission; Honorary fellow
at the Department of European, Public and International Law at the Ghent University
Flavien Christ, Case-handler, DG Competition, European Commission
Monica Cunningham, Case-handler, DG Competition, European Commission
Anthony Dawes, Member of the Legal Service, European Commission
Martin Farley, Member of the Legal Service, European Commission
Gábor Gál, Member of the Hungarian Competition Council
Tatiana López Garrido, Garrido, Policy officer, DG Competition, European Commission
Philipp Gasparon, Senior Expert in Antitrust, DG Competition, European Commission
Damien Gerard, Case Manager, DG Competition, European Commission; Visiting Professor, College of Europe and UCLouvain
Annemarie ter Heegde, Policy and Case coordinator, DG Competition, European Commission
Johannes Holzwarth, Policy Officer, DG Competition, European Commission
Manuel Kellerbauer, Legal Advisor at the Legal Service, European Commission
Ulrich von Koppenfels, Head of Sector, DG Energy, European Commission
Alexander Kornezov, Judge at the General Court of the European Union
Thomas Köster, Head of Sector, OLAF, European Commission
Eliška Mamdaniová, Case Manager, DG Competition, European Commission
Jan Nuijten, Case-handler, DG Competition, European Commission
Alexandros Papanikolaou, Policy and Case coordinator, DG Competition, European Commission
Lukas Repa, Senior policy officer, DG Connect, European Commission
Ekaterina Rousseva, Policy and Case coordinator, DG Competition, European Commission; Visiting lecturer, University of Sofia
Andreas Scordamaglia-Tousis, Law Clerk at the Court of Justice of the European Union
Ailsa Sinclair, Legal officer, DG TRADE, European Commission
Eddy De Smijter, Head of Unit, DG Competition, European Commission
Jurga Stanciute, Policy officer, DG Competition, European Commission
Konstantina Strouvali, Deputy Head of Unit, DG Competition, European Commission
Sari Suurnäkki, Head of Unit, DG Competition, European Commission
Kristina Todorova-Milanova, Legal officer, DG GROW, European Commission
Paolo Tomassi, Case-handler, DG Competition, European Commission
Wouter Wils, Hearing Officer, European Commission; Visiting Professor, King's College London