The trend towards 'consensual competition law' : a comparative study of commitment procedures and policies in Germany and the United Kingdom
Title: The trend towards 'consensual competition law' : a comparative study of commitment procedures and policies in Germany and the United Kingdom
Author: VON KALBEN, Jonas
Citation: Florence : European University Institute, 2014
Series/Number: EUI LLM theses; Department of Law
The introduction of the instrument of Commitment Decisions (CDs) by Regulation 1/2003 initiated what has been called a trend towards ‘consensual competition law’. While ‘consensual’ elements are no novelty – neither in public enforcement regimes in general, nor in public competition law in particular – it has only been within the last 10 years that ‘consensual tools’ in form of CDs became a prime instrument for public competition law enforcement. This trend reflects not only in the practice of the EU Commission (Commission) but also of National Competition Authorities (NCAs). The year of the 10th anniversary of Regulation 1/2003 (applicable since 1st of May 2004) is a good occasion to analyse the merits, dangers, and limits of this trend.
Award date: 28 November 2014; Supervisor: Prof. Giorgio Monti, European University Institute
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