Consolidating antitrust damages in Europe: A proposal for standing in line with efficient private enforcement

Article Abstract:

The US judicial history of antitrust damage actions is critically reviewed and an argument that the European Member States should neither adopt a comparable set of legal conditions, nor take the initial step of limiting standing to sue conjuring further restrictions is presented. The US practice of antitrust damages actions builds on more than a century of legislation and jurisprudence, which evolved in part, to deal with the problem of bundling dispersed incentives into a single potent private action.

Government domestic functions, Domestic policy

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Settlements of EU antitrust investigations: Commitment decisions under Article 9 of Regulation No. 1/2003

Article Abstract:

Article 9 of Regulation (EC) No. 1/2003 provides for formal settlements of investigations by the European Commission into suspected infringements of Articles 81 or 82 EC. The origin and optimal use of this provision, the procedure for the adoption of commitment decisions, the content and effect of such decisions and the scope for judicial review is analyzed and the possibilities of informal settlement, and of settlements that include payment of a fine are explored.

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Leniency in antitrust enforcement: Theory and practice

Article Abstract:

The theory and practice of leniency in antitrust enforcement, or granting of immunity from penalties or reduction of penalties for antitrust violations in exchange for cooperation with the antitrust enforcement authorities, is described. The positive effects and the negative effects of leniency on optimal antitrust enforcement and the degree to which the effects can be measured are discussed.

United States, Police Protection, Law Enforcement & Crime Prevntn, Justice & Safety, Justice, Public Order, and Safety Activities, Methods, Law enforcement, Immunity (Law)

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