| Preface |
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v | |
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xxvii | |
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1 | (1) |
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Part I Competition Law at the European and national level |
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2 | (72) |
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The European competition rules |
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2 | (1) |
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Anti-competitive behaviour |
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2 | (2) |
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Restrictive agreements, decisions and concerted practices |
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2 | (2) |
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Abuse of a dominant position |
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4 | (1) |
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4 | (5) |
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The investigating procedure. Overview: Investigative competencies of the European Commission |
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9 | (8) |
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10 | (4) |
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14 | (3) |
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The investigating procedure. Overview: System of sanctions |
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17 | (5) |
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The national competition rules |
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22 | (1) |
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22 | (5) |
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27 | (4) |
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31 | (3) |
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34 | (6) |
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40 | (4) |
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44 | (3) |
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47 | (5) |
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52 | (4) |
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56 | (4) |
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60 | (2) |
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62 | (5) |
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67 | (7) |
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Part II The Reform of European Competition Law |
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74 | (818) |
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Direct applicability of Article 81(3) EC Treaty |
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74 | (2) |
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The exclusive application of European competition law |
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76 | (2) |
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The national competition rules |
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78 | (1) |
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The national procedural law |
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79 | (2) |
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The national system of sanctions |
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81 | (16) |
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Administrative sanctions: fines and penalty payments |
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83 | (2) |
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Administrative and criminal sanctions |
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85 | (1) |
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86 | (1) |
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The criminal responsibility of legal persons |
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87 | (3) |
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90 | (3) |
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93 | (3) |
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The competencies of national courts |
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96 | (1) |
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97 | (4) |
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The Competition Act and the Enterprise Act Reforms: Sanctions and Deterrence in UK Competition Law |
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101 | (32) |
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UK competition law framework |
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102 | (4) |
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105 | (1) |
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106 | (3) |
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The 1998 Act Sanctions in Practice |
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109 | (9) |
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OFT 423 -- guidance on penalties |
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110 | (2) |
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112 | (2) |
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114 | (1) |
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Arriva plc and firstgroup plc |
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114 | (3) |
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John Bruce (UK) Ltd, fleet parts limited and truck and trailer components |
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117 | (1) |
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117 | (1) |
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Corporate Criminality, Deterrence and Compliance |
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118 | (4) |
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The Enterprise Act, Deterrence and the new Criminal Offence |
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122 | (11) |
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122 | (1) |
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The proposal of a criminal offence |
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123 | (2) |
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125 | (2) |
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127 | (1) |
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Investigation, prosecution and the interplay with community law |
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128 | (1) |
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129 | (1) |
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Whistle-blowing and leniency |
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129 | (1) |
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Disqualification of directors |
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130 | (1) |
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131 | (2) |
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Competition Investigations: A Comparison of the Powers of the European Commission and the UK Authorities |
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133 | (32) |
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133 | (1) |
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The Authorities' Powers of Investigation |
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134 | (19) |
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Grounds for investigation |
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134 | (3) |
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137 | (2) |
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139 | (8) |
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Role of national authorities and courts |
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147 | (2) |
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Disclosure of information |
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149 | (3) |
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Penalties for obstruction |
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152 | (1) |
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Rights of the Undertaking under Investigation |
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153 | (12) |
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153 | (1) |
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153 | (3) |
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Privilege against self-incrimination |
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156 | (9) |
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Reform of European Competition Law: Changes in the Cooperation Between Competition Authorities and the Effects on the Sanctioning System |
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165 | (12) |
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165 | (1) |
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Effects of the draft regulation on substantive and procedural national competition law as well as on the competences of NCAs |
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166 | (4) |
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What is not included in the draft regulation? |
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170 | (2) |
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Will parallel proceedings by several network members be possible? |
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172 | (3) |
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175 | (2) |
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Fines and the Reform of European Competition Law: The View of a National Competition Authority |
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177 | (10) |
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177 | (1) |
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The NMa and its sanctioning practice |
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178 | (2) |
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178 | (1) |
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The NMa's Fining Guidelines |
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179 | (1) |
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The NMa Leniency Guidelines |
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179 | (1) |
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Criminalisation within competition law: necessary for the successful enforcement of competition law? |
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180 | (2) |
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Does the envisaged reform of EC competition law require the NMa to change its policy on fines (and leniency)? |
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182 | (5) |
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Interdependence of leniency programmes |
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183 | (1) |
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ECA Principles for Leniency Programmes |
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183 | (1) |
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National authorities' competence to impose fines after the reform; still an open issue |
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184 | (3) |
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Sanctions in View of the Reform of European Competition Law From a Practitioner's Experience |
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187 | (8) |
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187 | (1) |
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Key Aspects of the Reform |
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187 | (1) |
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188 | (4) |
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Case Allocation between the European Commission and a National Competition Authority |
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189 | (2) |
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Case Allocation between different National Competition Authorities |
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191 | (1) |
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Post-Reform Case Allocation -- Network or Maze? |
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192 | (1) |
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192 | (2) |
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The Impact of the Proposed Reform on the Imposition of Sanctions |
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194 | (1) |
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The System of Sanctions and Enforcement Co-Operation in US Antitrust Law |
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195 | (16) |
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Relevant features of a system of sanctions |
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196 | (4) |
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200 | (4) |
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204 | (3) |
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207 | (1) |
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Co-operation among jurisdictions |
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208 | (3) |
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Cartel Laundering. Adverse Effects of the Reform of the European Competition Law on the Dutch Legal System |
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211 | (8) |
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Bernd M.J. van der Meulen |
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211 | (1) |
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Administrative Law and Civil Law |
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211 | (1) |
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The Netherlands Competition Authority |
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212 | (2) |
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212 | (1) |
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Separation of the NMa from the Minister |
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213 | (1) |
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214 | (3) |
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Civil law and competition law |
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215 | (1) |
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Mutual support amongst judges |
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215 | (1) |
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215 | (1) |
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216 | (1) |
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217 | (2) |
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The Netherlands Competition Authority and its Policy on Fines and Leniency |
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219 | (32) |
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Bernd M.J. van der Meulen |
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219 | (1) |
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220 | (17) |
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Fines as an instrument of law enforcement |
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220 | (3) |
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Legal framework for the NMa's fining policy |
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223 | (2) |
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Importance of a transparent fining policy |
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225 | (1) |
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Policy on fines of foreign authorities: a ready-made solution? |
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225 | (3) |
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A closer look at the fining guidelines |
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228 | (9) |
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The NMa's leniency policy |
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237 | (6) |
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Legal framework for the development of an NMa leniency policy |
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237 | (1) |
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Leniency as an instrument of competition law enforcement |
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237 | (1) |
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Leniency and co-operation between competition authorities |
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238 | (1) |
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A closer look at the Leniency Guidelines |
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239 | (4) |
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Fines & leniency - the NMa's practice so far |
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243 | (5) |
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248 | (3) |
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Competition Law Sanctioning -- The Situation in Switzerland |
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251 | (6) |
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251 | (1) |
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Planned revision of the Swiss competition law |
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252 | (1) |
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Developments in the political process |
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252 | (2) |
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Problems arising from the introduction of direct sanctions in the Swiss Cartel Act |
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254 | (2) |
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256 | (1) |
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The Systems of International Cooperation in Administrative and Criminal Matters in Relation to Regulation EC 1/2003 |
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257 | (48) |
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257 | (4) |
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General European Instruments of mutual cooperation in administrative matters |
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261 | (16) |
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261 | (3) |
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264 | (1) |
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European Convention on the Service Abroad of Documents Relating to Administrative Matters |
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264 | (2) |
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The European Convention on the obtaining abroad of information and evidence in administrative matters (15 March 1978) |
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266 | (3) |
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Administrative criminal law |
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269 | (1) |
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Draft Recommendation on Execution of Administrative and Judicial Decisions |
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270 | (1) |
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271 | (4) |
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275 | (2) |
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General European Instruments of mutual cooperation in criminal matters |
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277 | (26) |
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277 | (1) |
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The European Convention on mutual assistance in criminal matters (20 April 1959) |
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277 | (2) |
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European Convention on the punishment of road traffic offences (30 November 1964) |
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279 | (4) |
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European Convention on the International Validity of Criminal Judgments (28 May 1970) |
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283 | (4) |
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European Convention on the Transfer of Proceedings in Criminal Matters (15 May 1972) |
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287 | (2) |
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289 | (1) |
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Agreement between the Member States on the Transfer of Proceedings in Criminal Matters |
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289 | (1) |
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Convention between the Member States of the European Communities on the Enforcement of Foreign Criminal Sentences |
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290 | (2) |
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Schengen Implementation Convention (1990) |
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292 | (1) |
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Agreement on Cooperation in Proceedings for Road Traffic Offences and the Enforcement of Financial Penalties imposed in respect thereof |
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293 | (4) |
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Convention on mutual assistance in Criminal Matters |
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297 | (2) |
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The proposed Framework decision on the application of the principle of mutual recognition to financial penalties |
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299 | (3) |
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302 | (1) |
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Concluding remarks and a few recommendations |
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303 | (2) |
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Country Analysis -- Austria |
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305 | (52) |
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305 | (19) |
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305 | (6) |
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Principle of prohibition or principle of abuse? |
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311 | (1) |
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Prohibited conduct and its legal consequences |
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312 | (7) |
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Control of compliance with cartel prohibitions |
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319 | (3) |
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Reform measures in Austrian cartel law and influences on Austrian law in general |
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322 | (2) |
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The types of sanctions under Competition law |
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324 | (17) |
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324 | (10) |
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Administrative penalties and fines |
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334 | (6) |
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340 | (1) |
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Compensatory damages and (punitive) damages |
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341 | (1) |
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Determination of criminal sanctions and surcharges |
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341 | (2) |
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Which sanctions can be imposed concurrently? |
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341 | (1) |
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Determination of criminal sanctions and fines which are imposed upon natural persons |
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342 | (1) |
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Determination of criminal sanctions and fines which are imposed upon legal persons |
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342 | (1) |
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Consideration of sanctions imposed by the EU authorities, Member States or states outside the EU by the national authorities |
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343 | (1) |
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343 | (4) |
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The relation between the administrative procedure and the procedure relating to the imposition of sanctions |
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343 | (2) |
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Principles of criminal nature which apply in procedures relating to the imposition of sanctions |
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345 | (1) |
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Execution of decisions imposing a sanction |
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346 | (1) |
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346 | (1) |
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The actual importance of national competition law |
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347 | (3) |
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Occurrences of violations of competition regulations |
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348 | (1) |
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Practical importance of decisions concerning sanctions |
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349 | (1) |
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Practical importance of the imposition of penalty payments |
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349 | (1) |
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Practical importance of the action for damages |
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349 | (1) |
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The influence of EC law on national competition law |
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350 | (1) |
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Influence of EC law on legislation |
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350 | (1) |
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The influence of EC law on the way legislation is implemented by national authorities |
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350 | (1) |
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Evaluation of the proposal contained in the White Paper on the modernisation of the rules implementing Article 81 and Article 82 of the EC Treaty and on the draft of a new regulation |
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350 | (4) |
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350 | (3) |
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The scientific discussion by legal practitioners and researchers |
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353 | (1) |
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354 | (3) |
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Country Analysis -- Belgium |
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357 | (22) |
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357 | (11) |
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357 | (2) |
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Analysis of the 1991 Competition Act |
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359 | (5) |
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Who is competent to monitor anti-trust law? |
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364 | (3) |
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What intentions to reform the national competition law exist and what legal system influences the national law? |
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367 | (1) |
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The types of sanctions under Belgian competition law |
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368 | (2) |
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368 | (1) |
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Punitive surcharges/periodic penalty payments |
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368 | (2) |
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Is it possible to impose criminal sanctions as well as (punitive) surcharges for the same violation? |
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370 | (1) |
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Determination of criminal sanctions and surcharges |
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370 | (2) |
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Which sanctions can be imposed concurrently? |
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370 | (1) |
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How are the sanctions (criminal as well as surcharges) that will be imposed upon natural and legal persons determined? |
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371 | (1) |
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372 | (2) |
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What is the relation between the administrative law procedure and the procedure relating to the imposition of sanctions? |
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372 | (1) |
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What investigative competences (inspections, criminal investigation) do the relevant authorities have? |
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372 | (1) |
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How is the criminal investigation regulated? |
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373 | (1) |
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What principles of a criminal nature apply in these procedures and what are the regulations? |
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373 | (1) |
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The actual importance of national competition law (statistics) |
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374 | (1) |
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Co-operation in administrative and criminal matters |
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375 | (1) |
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How is co-operation between national authorities in criminal and administrative matters regulated? |
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375 | (1) |
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How is the international co-operation between the competent authorities and EC authorities regulated? |
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375 | (1) |
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The influence of EC competition law on national competition law |
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376 | (1) |
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Legal discussion in the member State on the proposals contained in the White Paper on the modernisation of the rules implementing articles 81 and 82 of the EC Treaty? |
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376 | (1) |
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The administration's opinion |
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376 | (1) |
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The scientific discussion by legal practitioners and researchers |
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376 | (1) |
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376 | (3) |
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Country Analysis -- Denmark |
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379 | (26) |
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379 | (16) |
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379 | (4) |
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Does the principle of prohibition or that of abuse apply? |
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383 | (1) |
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The prohibition provisions |
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384 | (3) |
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Who is competent to monitor anti-trust law? |
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387 | (3) |
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Remedies against decisions |
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390 | (2) |
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What intentions to reform the national competition law exist and what legal system influences the national law? |
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392 | (3) |
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395 | (3) |
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395 | (1) |
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Administrative punishments |
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396 | (1) |
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397 | (1) |
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Determination of criminal and administrative sanctions |
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398 | (2) |
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400 | (1) |
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Legal discussion on the proposals contained in the White Paper on the modernisation of the rules implementing Articles 81 and 82 of the EC Treaty |
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401 | (1) |
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402 | (3) |
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Country Analysis -- France |
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405 | (76) |
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405 | (13) |
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405 | (2) |
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The principle of abusive exploitation |
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407 | (1) |
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407 | (10) |
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Organs competent to apply rules concerning anticompetitive practices |
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417 | (1) |
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417 | (1) |
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Types of penalties under French competition law |
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418 | (16) |
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418 | (3) |
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421 | (12) |
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433 | (1) |
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Indemnifications and punitive damages |
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433 | (1) |
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Determination of penalties and fines |
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434 | (20) |
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434 | (3) |
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Determination of sanctions |
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437 | (17) |
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454 | (17) |
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The relationship between the administrative procedure and the criminal procedure |
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454 | (1) |
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Power of investigation and inspection |
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454 | (2) |
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Procedure of investigation and criminal inspection |
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456 | (1) |
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Fundamental guarantees in administrative procedures |
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456 | (9) |
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465 | (5) |
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470 | (1) |
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471 | (1) |
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Appearance of competition infringements |
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471 | (1) |
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Practical importance of the periodic penalty payments |
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472 | (1) |
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Practical importance of the claim for damages |
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472 | (1) |
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Administrative and judicial cooperation |
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472 | (1) |
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Cooperation between national authorities and the Criminal Court |
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472 | (1) |
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Cooperation between European, national and foreign authorities |
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472 | (1) |
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Influence of Community law on national law |
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473 | (3) |
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473 | (1) |
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Influences on the application of French law |
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473 | (3) |
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Debate on the white paper |
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476 | (2) |
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478 | (3) |
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Country Analysis -- Germany |
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481 | (44) |
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481 | (8) |
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481 | (2) |
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Does the principle of prohibition or the principle of abuse apply? |
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483 | (2) |
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Which practices are prohibited and how are the regulations formulated? |
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485 | (2) |
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Who is responsible for monitoring anti-trust law? |
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487 | (1) |
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Are there any efforts to reform national competition law and which examples influence the legislator? |
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488 | (1) |
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Formulation of sanctions under Competition law |
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489 | (12) |
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489 | (5) |
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Fines/administrative penalties |
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494 | (6) |
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Coercive penalty payments |
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500 | (1) |
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Compensation awards and punitive damages |
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500 | (1) |
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Assessment of criminal sanctions and administrative fines |
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501 | (11) |
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Which sanctions can be imposed concurrently? |
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501 | (1) |
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How are punishments or administrative fines against natural and legal persons determined? |
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501 | (7) |
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How are sanctions that will be imposed upon undertakings and legal persons calculated? |
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508 | (2) |
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Is there a regulation pertaining to a leniency programme? |
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510 | (2) |
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The structure of procedural law |
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512 | (6) |
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What is the relationship between administrative and penalty proceedings? |
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512 | (1) |
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What penal principles apply in (administrative) criminal proceedings and how are they conceived? |
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513 | (3) |
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How are penalty decisions enforced? |
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516 | (1) |
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How is the system of remedies against sanctions structured? |
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516 | (2) |
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The practical importance of national competition law |
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518 | (1) |
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Instances of violations against competition law |
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518 | (1) |
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Practical importance of penalty decisions |
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518 | (1) |
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Practical importance of imposing coercive fines |
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519 | (1) |
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Practical importance of actions for damages |
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519 | (1) |
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The influence of EC law on national competition law |
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519 | (2) |
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519 | (1) |
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The influence of EC law on the application of legislation by national authorities |
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520 | (1) |
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Assessment of proposals contained in the White Paper on the modernisation of the rules implementing articles 81 and 82 of the EC Treaty |
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521 | (2) |
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523 | (2) |
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Country Analysis -- Greece |
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525 | (48) |
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The national competition law |
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525 | (11) |
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525 | (1) |
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Does the principle of prohibition or that of abuse apply? |
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526 | (1) |
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What conduct is prohibited and how have the regulations been designed? |
|
|
527 | (7) |
|
Who is competent to monitor anti-trust law? |
|
|
534 | (1) |
|
What intentions to reform the national competition law exist and what legal system influences the national law? |
|
|
535 | (1) |
|
|
|
536 | (18) |
|
Criminal sanctions (imprisonment, monetary penalties) |
|
|
537 | (3) |
|
Administrative penal (punitive) sanctions (fines) |
|
|
540 | (11) |
|
Administrative coercive sanctions (periodic penalty payments) |
|
|
551 | (2) |
|
Civil sanctions (nullity of contracts, compensatory damages) |
|
|
553 | (1) |
|
Determination of sanctions |
|
|
554 | (5) |
|
Which sanctions can be imposed concurrently? |
|
|
554 | (1) |
|
How are the sanctions that will be imposed upon natural and legal persons determined? |
|
|
555 | (4) |
|
The competition law procedure |
|
|
559 | (2) |
|
What is the relationship between the administrative law procedure and the procedure relating to the imposition of sanctions? |
|
|
559 | (1) |
|
What investigative competencies do the competition authorities have? |
|
|
559 | (1) |
|
What principles of a criminal nature apply in these procedures and what are the regulations? |
|
|
560 | (1) |
|
How has the system of remedies been designed? |
|
|
560 | (1) |
|
In what way are the decisions imposing a sanction executed? |
|
|
561 | (1) |
|
The actual importance of the national competition law |
|
|
561 | (1) |
|
|
|
561 | (1) |
|
|
|
562 | (1) |
|
|
|
562 | (1) |
|
Co-operation in administrative and criminal matters |
|
|
562 | (1) |
|
How is the co-operation between national authorities regulated? |
|
|
563 | (1) |
|
How is the international co-operation between competent authorities and EC authorities regulated? |
|
|
563 | (1) |
|
The influence of EC law on national competition law |
|
|
563 | (4) |
|
Influence of EC law on legislation |
|
|
563 | (1) |
|
The influence of EC law on the way legislation is implemented by national authorities |
|
|
564 | (3) |
|
Legal discussion on the proposals contained in the White Paper of the European Commission |
|
|
567 | (1) |
|
|
|
568 | (5) |
|
Country Analysis -- Ireland |
|
|
573 | (46) |
|
|
|
|
|
573 | (19) |
|
|
|
573 | (3) |
|
Does the principle of prohibition or that of abuse apply? |
|
|
576 | (2) |
|
What conduct is prohibited and how have the regulations been designed? |
|
|
578 | (9) |
|
Who is competent to monitor anti-trust law? |
|
|
587 | (3) |
|
What intentions to reform the national competition law exist and what legal system influences the national law? |
|
|
590 | (2) |
|
The types of sanctions under competition law |
|
|
592 | (8) |
|
|
|
592 | (5) |
|
|
|
597 | (2) |
|
Astreinte - Periodic Fines |
|
|
599 | (1) |
|
|
|
599 | (1) |
|
Determination of criminal sanctions and fines |
|
|
600 | (2) |
|
Which sanctions can be imposed concurrently? |
|
|
600 | (1) |
|
How are the sanctions (criminal as well as surcharges) that will be imposed upon natural and legal persons determined? |
|
|
600 | (2) |
|
|
|
602 | (9) |
|
What is the relation between the administrative law procedure and the procedure relating to the imposition of sanctions? |
|
|
602 | (1) |
|
What investigative competences (inspections, criminal investigation) do the relevant authorities have? |
|
|
603 | (1) |
|
How is the criminal investigation regulated? |
|
|
604 | (1) |
|
What principles of a criminal nature apply in these procedures and what are the regulations? |
|
|
605 | (4) |
|
In what way are the decisions imposing a sanction executed? |
|
|
609 | (1) |
|
How has the system of remedies been designed? |
|
|
609 | (2) |
|
The actual importance of the national competition law (statistics)? |
|
|
611 | (2) |
|
Occurrences of economic violations |
|
|
611 | (1) |
|
Decisions imposing sanctions |
|
|
611 | (1) |
|
Decisions imposing measures of astreinte |
|
|
612 | (1) |
|
Procedures involving (punitive) damages |
|
|
612 | (1) |
|
Cooperation in administrative and criminal matters |
|
|
613 | (1) |
|
How is cooperation between national authorities in criminal and administrative matters regulated? |
|
|
613 | (1) |
|
How is the international cooperation between the competent authorities and EC authorities regulated? |
|
|
613 | (1) |
|
The influence of EC law on national competition law |
|
|
614 | (1) |
|
Influence of EC law on legislation |
|
|
614 | (1) |
|
The influence of EC law on the way legislation is implemented by national authorities |
|
|
614 | (1) |
|
Legal discussion in the Member State on the proposals contained in the White Paper on the modernisation of the rules implementing articles 85 and 86 [ now 81 and 82] of the EC Treaty |
|
|
615 | (1) |
|
The administration's opinion |
|
|
615 | (1) |
|
The scientific discussion by legal practitioners and researchers |
|
|
615 | (1) |
|
|
|
616 | (3) |
|
Country Analysis -- Italy |
|
|
619 | (50) |
|
|
|
|
|
|
|
619 | (24) |
|
|
|
619 | (1) |
|
The scope of application of Law 287/1990 and its relationship with Community law: the `one-stop principle' |
|
|
620 | (6) |
|
|
|
626 | (7) |
|
Abuse of a dominant position |
|
|
633 | (3) |
|
|
|
636 | (5) |
|
The Autorita Garante della Concorrenza e del Mercato |
|
|
641 | (2) |
|
The system of penalties under competition law penalties system |
|
|
643 | (12) |
|
|
|
643 | (1) |
|
|
|
643 | (3) |
|
Anticompetitive administrative offences |
|
|
646 | (6) |
|
Compensation in the form of damages |
|
|
652 | (1) |
|
|
|
652 | (2) |
|
Concurrence of national sanctions and EC sanctions |
|
|
654 | (1) |
|
Antitrust administrative proceedings |
|
|
655 | (9) |
|
|
|
655 | (1) |
|
The investigating procedure for agreements and abuses of dominant positions |
|
|
655 | (1) |
|
Investigation procedure with respect to concentrations |
|
|
656 | (2) |
|
|
|
658 | (3) |
|
|
|
661 | (1) |
|
|
|
662 | (1) |
|
The actual importance of the national competition law. Statistics |
|
|
663 | (1) |
|
Relations between EC competition law and national competition law |
|
|
664 | (5) |
|
Collaboration between the national Authority and the Commission in EC law enforcement |
|
|
664 | (1) |
|
The influence of EC law on national competition law |
|
|
665 | (1) |
|
Legal discussion on the proposals contained in the White Paper on modernisation |
|
|
666 | (3) |
|
Country Analysis -- The Netherlands |
|
|
669 | (126) |
|
|
|
|
|
669 | (2) |
|
The national competition law |
|
|
671 | (12) |
|
|
|
671 | (1) |
|
|
|
672 | (1) |
|
|
|
673 | (3) |
|
Concentration supervision |
|
|
676 | (6) |
|
|
|
682 | (1) |
|
The Dutch Competition Authority |
|
|
683 | (7) |
|
The influence of EC law on national competition law |
|
|
690 | (8) |
|
The types of sanctions under Competition law |
|
|
698 | (84) |
|
|
|
698 | (1) |
|
The significance of the General Administrative Law Act for competition law |
|
|
699 | (7) |
|
Development of the administrative fine in the Netherlands |
|
|
706 | (7) |
|
The Preliminary Draft of the fourth tranche of the General Administrative Law Act |
|
|
713 | (33) |
|
Powers of enforcement in Dutch competition law |
|
|
746 | (1) |
|
|
|
746 | (1) |
|
Supervision and investigation |
|
|
747 | (11) |
|
|
|
758 | (3) |
|
The provisional duty backed by an astreinte |
|
|
761 | (2) |
|
The administrative fine in the Dutch Competition Act |
|
|
763 | (19) |
|
Cooperation in administrative and criminal matters |
|
|
782 | (5) |
|
The actual importance of competition law |
|
|
787 | (1) |
|
|
|
788 | (7) |
|
Country Analysis -- Portugal |
|
|
795 | (14) |
|
|
|
|
|
795 | (3) |
|
|
|
795 | (1) |
|
Does the principle of prohibition or that of abuse apply? |
|
|
795 | (1) |
|
What conduct is prohibited and how have the regulations been designed? |
|
|
795 | (2) |
|
Who is competent to monitor anti-trust law? |
|
|
797 | (1) |
|
What intentions to reform the national competition law exist and what legal system influences the national law? |
|
|
798 | (1) |
|
The types of sanctions under Competition law |
|
|
798 | (3) |
|
|
|
798 | (1) |
|
|
|
798 | (2) |
|
|
|
800 | (1) |
|
|
|
801 | (1) |
|
Determination of criminal sanctions and surcharges |
|
|
801 | (1) |
|
Which sanctions can be imposed concurrently? |
|
|
801 | (1) |
|
How are the sanctions (criminal as well as surcharges) that will be imposed upon natural and legal persons determined? |
|
|
801 | (1) |
|
|
|
802 | (3) |
|
What is the relation between the administrative law procedure and the procedure relating to the imposition of sanctions? |
|
|
802 | (1) |
|
What investigative competences (inspections, criminal investigation) do the relevant authorities have? |
|
|
803 | (1) |
|
How is the criminal investigation regulated? |
|
|
803 | (1) |
|
What principles of a criminal nature apply in these procedures and what are the regulations? |
|
|
803 | (1) |
|
In what way are the decisions imposing a sanction executed? |
|
|
804 | (1) |
|
How has the system of remedies been designed? |
|
|
804 | (1) |
|
The actual importance of the national competition law (statistics)? |
|
|
805 | (1) |
|
Occurrences of economic violations |
|
|
805 | (1) |
|
Decisions imposing sanctions |
|
|
805 | (1) |
|
Decisions imposing measures of astreinte |
|
|
805 | (1) |
|
Procedures involving (punitive) damages |
|
|
805 | (1) |
|
Cooperation in administrative and criminal matters |
|
|
805 | (1) |
|
How is cooperation between national authorities in criminal and administrative matters regulated? |
|
|
805 | (1) |
|
How is the international cooperation between the competent authorities and EC authorities regulated? |
|
|
805 | (1) |
|
The influence of EC law on national competition law |
|
|
806 | (1) |
|
Influence of EC law on legislation |
|
|
806 | (1) |
|
The influence of EC law on the way legislation is implemented by national authorities |
|
|
806 | (1) |
|
Legal discussion in the Member State on the proposals contained in the White Paper on the modernization of the rules implementing articles 85 and 86 [ now 81 and 82] of the EC Treaty? |
|
|
807 | (1) |
|
The administration's opinion |
|
|
807 | (1) |
|
The scientific discussion by legal practitioners and researchers |
|
|
807 | (1) |
|
|
|
807 | (2) |
|
Country Analysis -- Spain I |
|
|
809 | (14) |
|
|
|
|
|
809 | (4) |
|
|
|
809 | (1) |
|
|
|
809 | (3) |
|
|
|
812 | (1) |
|
The competition authorities |
|
|
813 | (1) |
|
Practical Significance of the National Competition Law |
|
|
814 | (4) |
|
Types of violations of fair competition |
|
|
814 | (3) |
|
Practical significance of sanctions and actions for damages |
|
|
817 | (1) |
|
Influence of European law on Spanish competition law |
|
|
818 | (2) |
|
|
|
818 | (1) |
|
Influence on the national administration |
|
|
819 | (1) |
|
Assessment of the reform of the European Competition Law |
|
|
820 | (1) |
|
|
|
820 | (3) |
|
Country Analysis -- Spain II |
|
|
823 | (36) |
|
|
|
Types of sanctions under Spanish competition law |
|
|
823 | (27) |
|
|
|
823 | (7) |
|
|
|
830 | (18) |
|
Restraining sanctions (Zwangsgelder) |
|
|
848 | (1) |
|
|
|
849 | (1) |
|
The determination of criminal and administrative sanctions |
|
|
850 | (2) |
|
Determination of criminal sanctions |
|
|
850 | (1) |
|
The determination of administrative sanctions |
|
|
850 | (2) |
|
The possibility of taking into account sanctions imposed by other Member States |
|
|
852 | (1) |
|
Elements forming punitive administrative proceedings |
|
|
852 | (7) |
|
Relationship between administrative and punitive-administrative proceedings |
|
|
852 | (1) |
|
Applying the principles of criminal procedure to punitive administrative proceedings |
|
|
853 | (5) |
|
|
|
858 | (1) |
|
The system of judicial review |
|
|
858 | (1) |
|
Country Analysis -- United Kingdom |
|
|
859 | (33) |
|
|
|
|
|
859 | (20) |
|
|
|
859 | (7) |
|
Does the principle of prohibition or that of abuse apply? |
|
|
866 | (1) |
|
What conduct is prohibited and how have the regulations been designed? |
|
|
867 | (10) |
|
Who is competent to monitor anti-trust law? |
|
|
877 | (2) |
|
The types of sanctions under Competition Law |
|
|
879 | (3) |
|
|
|
879 | (1) |
|
|
|
880 | (2) |
|
|
|
882 | (1) |
|
|
|
882 | (1) |
|
Determination of criminal sanctions and surcharges |
|
|
882 | (1) |
|
Which sanctions can be imposed concurrently? |
|
|
882 | (1) |
|
How are the sanctions determined? |
|
|
882 | (1) |
|
|
|
883 | (2) |
|
What is the relation between the administrative law procedure and the procedure relating to the imposition of sanctions? |
|
|
883 | (1) |
|
What principles of a criminal nature apply in these procedures and what are the regulations? |
|
|
884 | (1) |
|
In what way are the decisions imposing a sanction executed? |
|
|
884 | (1) |
|
How has the system of remedies been designed? |
|
|
884 | (1) |
|
The actual importance of the national Competition Law |
|
|
885 | (1) |
|
Decisions imposing sanctions |
|
|
886 | (1) |
|
Decision imposing measures of astreinte |
|
|
886 | (1) |
|
Procedure involving (punitive) damages |
|
|
886 | (1) |
|
Cooperation in administrative and criminal matters |
|
|
886 | (1) |
|
How is the cooperation between national authorities in criminal and administrative matters regulated? |
|
|
886 | (1) |
|
How is the international cooperation between the competent authorities and EC authorities regulated? |
|
|
886 | (1) |
|
The influence of EC law on national competition law |
|
|
887 | (4) |
|
The influence of EC law on legislation |
|
|
887 | (1) |
|
The influence of EC law on the way legislation is implemented by national authorities |
|
|
887 | (4) |
|
Legal discussion on the proposals contained in the White Paper on the modernisation of the rules implementing articles 85 and 86 (now 81 and 82) of the EC Treaty |
|
|
891 | (1) |
| Bibliography |
|
892 | (1) |
| Questionnaire |
|
893 | |
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