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Market Design Powers of the European Commission? Korbinian Reiter

Market Design Powers of the European Commission? By Korbinian Reiter

Market Design Powers of the European Commission? by Korbinian Reiter


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Summary

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.

Market Design Powers of the European Commission? Summary

Market Design Powers of the European Commission?: Remedies under Articles 7 and 9 Regulation 1/03 by Korbinian Reiter

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.

About Korbinian Reiter

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.

Table of Contents

Introduction.- Prolegomena.- The relaxation of the link between harm and remedy.- The relaxation of procedural safeguards.- The impact of commitments on legal certainty.- Outlook: Discussions of reform proposals.- Summary of key findings.

Additional information

NLS9783662607138
9783662607138
3662607131
Market Design Powers of the European Commission?: Remedies under Articles 7 and 9 Regulation 1/03 by Korbinian Reiter
New
Paperback
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG
2021-02-07
563
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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