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Un roman d'une grande beauté, drôle, fin, extrêmement lumineux sur des sujets difficiles : la perte de
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orpheline de sa maman veut poser LA question à son père et elle en trouvera le courage au fil des pages,
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Ensemble il ne diront plus Sayonara mais Mata Ne !
The adoption of Regulation 1/2003 marked a new era in EU competition enforcement. Since its entry into force, the work of practitioners has radically...
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Résumé
The adoption of Regulation 1/2003 marked a new era in EU competition enforcement. Since its entry into force, the work of practitioners has radically changed, the Commission's priorities have shifted towards cartels and high profile abuse of dominance cases, notifications have been abolished and new, negotiated, procedures such as settlements, have been introduced. Moreover, the relationship between national and European law has become more complex, the number of stakeholders has increased rapidly and private enforcement has slowly, but relentlessly, taken momentum. The purpose of the present book is to contribute in a timely manner to the Commission's own assessment of possible needs for the reform of Regulation 1/2003. Taking stock of five years of experience under Regulation 1, this book examines the problems that arose from its implementation and formulates public policy recommendations, advocating for future reform in the field. To this end, this book contains the reports prepared ahead of the 2009 Annual Conference of the Global Competition Law Centre (GCLC) on the review of Regulation 1. Those report, which were drafted by more than 60 lawyers from both private practice and academia, are followed by the comments of Commission officiais.
Sommaire
THE VIEWS OF THE GCLC
The directly applicable exception system and the direct applicability of article 81(3) EC: Positive Enforcement and Legal Certainty
Relationship between EC competition law and national competition law
Enforcement by the Commission the decisional and enforcement structure in antitrust cases and the Commission's fining system
THE VIEWS OF THE ENFORCEMENT OFFICERS
A critical view on chapter 1 - The directly applicable exception system and the direct applicability of Article 81(3) EC: positive enforcement and legal certainty
A critical view on chapter 2 - Relationship between EC competition law and national competition laws
A critical view on chapter 3 - The compatibility of the Commission's role in competition procedures with the fundamental rights: a real pressing legal problem or just a question of opportunity?