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Principles of European Antitrust Enforcement
By
Wouter P. J. Wils
Description
After 1 May 2004,
the enforcement of European antitrust law entered a new era. At the
same time as 10 new Member States joined the European Union,
Regulation No 17, which had governed the enforcement of Articles 81
and 82 EC since 1962, was replaced by Regulation No 1/2003, which has
ushered in far-reaching changes. This book brings together six essays
which analyse the background and main characteristics of the new
enforcement system, as well as a number of outstanding questions and
potential areas of further reform, including the question whether
private antitrust enforcement should be encouraged, and the question
whether the decisional power in antitrust matters should be
transferred to the courts. Special attention is given to the problem
of the compatibility of the new enforcement system and of the
practice of European antitrust enforcement with the requirements of
the European Convention of Human Rights and the Charter of
Fundamental Rights of the European Union, including the principle of
ne bis in idem, the privilege against self-incrimination, and the
right to an independent and impartial tribunal. On many of these
issues, the discussion contained in this book is not only legal, but
also includes an economic analysis from the perspective of efficient
law enforcement.
Dr Wouter P J Wils
is a member of the Legal Service of the European Commission, where he
works mainly in the field of competition.
Contents
1 The reform of
competition law enforcement brought about by Regulation No 1/2003 1
2 The European
competition network, the European Convention on Human Rights and the
Charter of Fundamental Rights of the EU 61
3 The principle
of Ne Bis In Idem 93
4 Should private
antitrust enforcement be encouraged? 111
5 The collection
of intelligence and evidence from antitrust violators 129
6 The combination
of the investigative and prosecutorial function and the adjudicative
function 151
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