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9781904501640

EU Competition Law: Procedures and Remedies

by ; ; ; ; ;
  • ISBN13:

    9781904501640

  • ISBN10:

    1904501648

  • Format: Hardcover
  • Copyright: 2006-11-10
  • Publisher: Oxford University Press

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Summary

Competition litigation is expected to increase dramatically in light of the application of the modernized competition law regime and new procedural rules. EU Competition Law: Procedures and Remedies (EU Competition Law Library) provides essential practical reference on the enforcement of competition law by EU and national courts and competition authorities. The authors offer their expert knowledge of the practice and procedure of these bodies and the substantial and growing body of case law.

Author Biography


Margaret Gray, Barrister, Brick Court Chambers Maya Lester, Barrister, Brick Court Chambers Cerry Darbon, Solicitor, Referendaire, Competition Appeal Tribunal Gerry Facenna, Barrister, Monckton Chambers Christopher Brown, Solicitor, Referendaire, Competition Appeal Tribunal Elisa Holmes, Barrister, Monckton Chambers

Table of Contents

Table Of Legislation
xi
Table Of Cases
xxxii
Eu Procedures
Introduction
1(11)
General duty of the Commission
1(2)
Powers of the Council
3(1)
Enforcement of rules of competition by the Commission
4(5)
Procedure for enforcement of rules of competition
9(1)
The Directorate General for Competition
10(2)
Invoking the procedure of the Commission
12(32)
Introduction
12(1)
Complaints
13(21)
The Commission's initiative
34(2)
Guidance letters and decisions of inapplicability
36(8)
Inquiries and investigations
44(55)
Introduction
44(3)
Requests for information
47(12)
Inspections
59(25)
Inquiries into economic sectors
84(2)
Confidentiality and professional secrecy
86(5)
Legal professional privilege
91(6)
Privilege against self-incrimination
97(2)
Statement of objection
99(15)
Duty to inform undertakings of objection
99(1)
The statement of objections
100(4)
Supporting documentation
104(1)
Access to Commission files
105(9)
Reply to statement of objections
114(12)
The opportunity to be heard
114(5)
Third parties
119(2)
Written comments
121(1)
Oral representations
122(4)
Consultation with the Advisory Committee on Restrictive Practices and Monopolies
126(4)
Composition of the Committee
126(1)
Duty to consult the Committee
127(2)
Consultation procedure
129(1)
The outcome of the procedure
130(28)
General
130(8)
Final decisions
138(10)
Interim measures
148(4)
Commitments and informal settlements
152(6)
Competition Law Remedies At The Court Of Justice Of The European Communities
Introduction
158(1)
Action for annulment pursuant to Article 230 EC
159(104)
General
159(3)
Admissibility
162(37)
Intervention
199(1)
Grounds of review
200(55)
Burden of proof
255(1)
Effect of annulment
256(7)
Action for failure to act pursuant to Article 232 EC
263(6)
General
263(1)
Time limits
264(2)
Application
266(3)
Review of decisions of the institutions imposing a fine or penalty payment pursuant to Article 229 EC
269(8)
General
269(2)
Scope of unlimited jurisdiction
271(2)
Time limits
273(1)
Grounds of review
274(3)
Suspension of operation or enforcement and other interim measures pursuant to Article 242 EC and Article 243 EC
277(11)
General
277(3)
Admissibility
280(5)
Intervention
285(2)
Conditions for granting relief
287(1)
Actions for damages
288(1)
Expedited procedure
289(1)
Appeals from decisions of the Court of First Instance pursuant to Article 56(1) of the Statute of the Court of Justice
290(1)
General
290
Persons entitled to appeal
290/1(1)
Time limits
290/3(1)
Admissibility
290/4(1)
Grounds of appeal
290/5(1)
Judgment of the Court of Justice
290/6(1)
Appeals in fines cases
290/9(291)
Preliminary rulings on questions referred by national courts and tribunals pursuant to Article 234 EC
291(2)
General
291(1)
Competition cases
292(1)
Administrative Enforcement In The Uk
Introduction
293(7)
History and background
293(4)
The role of the National Competition Authorities post modernisation
297(3)
Legal and institutional structure of administrative enforcement in the UK
300(68)
Legislative framework
300(29)
The UK competition authorities
329(39)
Interaction between Community law and UK law
368(27)
Primacy of Community law decisions
368(2)
Duty of consistent interpretation under the CA 1998
370(4)
Power to apply EU law
374(3)
Duty to apply EC law
377(4)
Prohibition of application of stricter national laws
381(4)
Impact of Regulation 1/2003 on the application of UK competition laws
385(6)
Avoiding dual penalties
391(2)
Cooperation between authorities in the enforcement of EC competition law
393(2)
Possibilities for seeking guidance on compliance with competition law
395(13)
Absence of formal notification system in the UK
395(3)
Informal guidance
398(2)
Opinions
400(8)
Principles governing procedures for the administrative enforcement of competition law in the UK
408(12)
The relevance of equivalent EC procedures: s 60 of the CA 1998
408(5)
General principles of administrative fairness
413(2)
Classification of CA 1998 proceedings for the purposes of the ECHR
415(2)
Burden and standard of proof in establishing an infringement
417(3)
Initiating an investigation
420(37)
Initial consideration by the OFT
420(6)
The status of complainants in the UK
426(14)
The OFT's Issues Paper on complainants
440(8)
Making a complaint
448(9)
Early stages of investigation
457(14)
Threshold test for CA 1998 investigation powers
459(8)
Procedure for cancelling exemptions or withdrawing exclusions
467(4)
Powers of investigation under the CA 1998
471(59)
Requests for information under s 26 of the CA 1998
471(5)
Inspection without a warrant under s 27 of the CA 1998
476(12)
Inspection with warrant under ss 28 and 28A of the CA 1998
488(16)
Investigations authorised by Regulation 1/2003 and Part II of the CA 1998
504(19)
Criminal offences in case of non-cooperation with an OFT investigation
523(7)
Other powers of investigation
530(21)
The cartel offence
530(11)
Investigations in relation to Company Director Disqualification Orders
541(1)
RIPA powers
542(5)
Parallel investigations
547(4)
Limits to the OFT's powers of investigation
551(25)
Privilege
551(7)
Self-incrimination
558(4)
Dealing with confidential information
562(14)
Enforcement
576(13)
Possible enforcement outcomes
576(2)
Decisions to close an investigation
578(2)
Whether the OFT has taken a decision is a matter of substance not form
580(4)
Involvement of complainants in the enforcement procedure
584(4)
Timetable for investigation
588(1)
Interim measures
589(13)
Power to grant interim measures
589(5)
Procedure
594(8)
Commitments
602(17)
Power to accept commitments
602(8)
Procedure
610(9)
Decisions
619(12)
Statement of objections procedure
619(7)
Access to the OFT's file
626(3)
Procedure following a decision
629(2)
Directions
631(7)
Power to give directions
631(3)
Procedure
634(4)
Penalties for breach of competition law
638(56)
Penalties for CA 1998 infringements
638(6)
Procedure for imposing penalties
644(2)
The calculation of penalties
646(12)
Penalties for the cartel offence
658(2)
Company director disqualification
660(5)
Leniency
665(29)
Competition Appeal Tribunal: Procedure
Introduction
694(9)
Membership
700(2)
Website
702(1)
Review of decisions
703(23)
Sections 46 and 47 of the CA 1998
703(11)
Standard of review
714(8)
Powers of the Tribunal upon appeal
722(4)
Procedure before the Tribunal
726(158)
Consistency with Community law
726(3)
The Tribunal Rules
729(2)
The Tribunal Rules: general approach
731(7)
Legal representation
738(4)
Commencing appeals
742(27)
Constitution of the Tribunal
769(5)
The defence
774(6)
Intervention
780(9)
Forum
789(2)
Case management
791(14)
Interim relief
805(6)
The hearing
811(25)
Decisions of the Tribunal
836(9)
Consent orders and settlement
845(7)
Remittal and referral back
852(4)
Costs
856(13)
Interest
869(3)
Appeals from decisions of the Tribunal
872(12)
Obtaining Competition Law Remedies In The Uk
Introduction
884(1)
The UK courts as the forum for obtaining competition law remedies
885(22)
The Chancery Division as the appropriate forum
885(8)
Cooperation with the competition authorities
893(2)
Intervention by competition authorities
895(3)
Avoidance of conflict with competition authorities
898(9)
The early disposal of competition claims
907(5)
Striking out competition law pleadings
909(2)
Summary judgment on competition points
911(1)
Injunctions
912(3)
Damages in the High Court
915(13)
Community right to damages
915(3)
Claims for damages
918(2)
Possible claimants
920(2)
Passing on
922(1)
Quantum
923(2)
Limitation
925(1)
Jurisdiction
926(2)
Monetary claims in the Competition Appeal Tribunal
928(59)
Types of claim that can be brought
928(4)
Preconditions to bringing a claim
932(5)
Application of the Tribunal's Rules
937(2)
Case management by the Tribunal
939(3)
Limitation periods
942(2)
The claim form
944(6)
Amendment of claim form
950(1)
Joinder of parties
951(1)
Acknowledgement of service
952(1)
Defence
953(3)
Additional claims and counterclaims
956(2)
Further pleadings
958(1)
Withdrawing a claim
959(1)
Summary disposal by the Tribunal
960(4)
Consumer actions
964(7)
Settlement of monetary claims
971(5)
Security for costs
976(3)
Interim payments
979(6)
Orders for payment of damages
985(2)
Transfer of claims
987

Supplemental Materials

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