Legitimacy in EU Cartel Control

(Hardback)

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This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

Reviews

...Simonsson offers interesting insights into the legal, economic and political theories underpinning EC competition law. The book is well structured and logically constructed ...the book is a very welcome contribution in this rapidly evolving area of law. It satisfies the needs of private practice, institutional actors and academia. It brings together the experience and skills of the author to shed light on the complexities and inefficiencies following the modernization. To be sure, although the normative and jurisprudential framework has undergone notable changes following the publication of the book, the evolution seems to go precisely in the direction suggested by the author. Giacomo Di Federico Common Market Law Review June 2011 ... a single-minded, well-developed, robustly-supported anaylsis of cartel law and its enforcement in the European Union today. Mark Furse European Competition Law Review Volume 32, Issue 6 The publication provides both theoretical and practical approaches with regard to around 150 Union decisions in this area and frequently plunges into pertinent academic literature for its findings. Ingeborg Simonsson also gives the reader some detailed comparisons of European and American law and in doing so provides us with a remarkable reference book. PBo Agence Europe: Bulletin Quotidien Europe 20th April 2010

Author Bio

Ingeborg Simonsson is one of Sweden's leading experts in competition law. She is a Judge of the Stockholm City Court, Division for competition law and intellectual property, and Associate Professor in competition law at the University of Stockholm. She previously worked for six years in private practice and for five years worked as a full time academic.