LEGITIMACY IN EU CARTEL CONTROL.
This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions.
It includes a unique catalogue
of over 150 EU cartel decisions, as well as novel analyses of difficult
borderline issues such as mixed horizontal and vertical cartels, single-brand
dealer cartels and buyer cartels. The effect on trade in cartel cases is
analysed with reference to established law and deterrence theory. Throughout the
book the author asks whether EU law also applies at the national level, or
whether certain assessments need to be made according to national law. This
approach makes the book particularly helpful for national authorities, courts
and private practitioners. The book includes in-depth comparisons with US law as
well as a comprehensive survey of the secondary (academic) literature on
cartels. As such it presents not only a comprehensive practical view, but also a
sound theoretical framework for better understanding cartel law. This is a work
which will be of utmost importance to those working in competition authorities
and competition courts in the EU Member States, as well as those working for EU
institutions and in private practice and academia.