Wednesday, September 8, 2010
Enforcing European Competition Law - Harmonizing Private and Public Approaches in a More Differentiated Enforcement Model
Posted by D. Daniel Sokol
ABSTRACT: This paper focuses on the relevance of the new hybrid enforcement structure in European competition law. The main question is how public and private enforcement can be combined and a solid model of the whole enforcement process can be constructed. In a first step, the traditional enforcement structure will be discussed (II.) with the changes which the new regulation No 1/2003 brought upon that system (III.). Afterwards, the potential role of private enforcement has to be illuminated (IV.) to identify possible conflicts between private and public enforcement (V.). In the light of this, the paper discusses first ideas for a "harmonized system" of enforcement which puts the aims of competition law in European context into its centre as well as the fundamental principles of the European Union like the rule of law and human rights.