Wednesday, April 27, 2011
Posted by D. Daniel Sokol
Michael J. Frese, Amsterdan Center for Law & Economics (ACLE) explains Fines and Damages Under EU Competition Law – Implications of the Accumulation of Liability.
ABSTRACT: This paper identifies occurrences of negative interplay between public and private enforcement of EU competition law. For this purpose a detailed account of the premises underlying the EU’s dual enforcement system is provided against the background of efficiency, effectiveness, fundamental rights and proportionality. These four interests, both internal and external to the EU’s competition policy, can be affected if liability in parallel enforcement proceedings is either excessive or uncoordinated. While actors involved in the enforcement process are gradually recognising these risks, so far the solutions offered remain incidental.