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Market Design Powers of the European Commission?

Remedies under Articles 7 and 9 Regulation 1/03

  • Book
  • © 2020

Overview

Authors:
  1. Korbinian Reiter

    1. Berlin, Germany

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  • Provides a comprehensive analysis of the European Commission's and the EU Courts' practice
  • Written in clear language
  • Includes a chapter on reform options

Part of the book series: Munich Studies on Innovation and Competition (MSIC, volume 13)

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-xvii
    Download chapter PDF

  2. Introduction

    • Korbinian Reiter
    Pages 1-14

  3. Prolegomena

    • Korbinian Reiter
    Pages 15-62

  4. The Relaxation of the Link Between Harm and Remedy

    • Korbinian Reiter
    Pages 63-364

  5. The Relaxation of Procedural Safeguards

    • Korbinian Reiter
    Pages 365-439

  6. The Impact of Commitments on Legal Certainty

    • Korbinian Reiter
    Pages 441-516

  7. Outlook: Discussion of Reform Proposals

    • Korbinian Reiter
    Pages 517-559

  8. Summary of Key Findings

    • Korbinian Reiter
    Pages 561-563
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Keywords

About this book

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 studyprovides valuable insights for academics and practitioners alike.

Authors and Affiliations

  • Berlin, Germany

    Korbinian Reiter

About the author

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.

Bibliographic Information

  • Book Title: Market Design Powers of the European Commission?

  • Book Subtitle: Remedies under Articles 7 and 9 Regulation 1/03

  • Authors: Korbinian Reiter

  • Series Title: Munich Studies on Innovation and Competition

  • DOI: https://doi.org/10.1007/978-3-662-60711-4

  • Publisher: Springer Berlin, Heidelberg

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2020

  • Hardcover ISBN: 978-3-662-60710-7Published: 07 February 2020

  • Softcover ISBN: 978-3-662-60713-8Published: 07 February 2021

  • eBook ISBN: 978-3-662-60711-4Published: 06 February 2020

  • Series ISSN: 2199-7462

  • Series E-ISSN: 2199-7470

  • Edition Number: 1

  • Number of Pages: XVII, 563

  • Number of Illustrations: 2 b/w illustrations

  • Topics: European Economic Law, Business Law, Economic Policy, European Union Politics

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