By Isabella Atanasiu, Claus-Dieter Ehlermann
The eu festival legislations Annual 2000 is 5th in a chain of volumes following the yearly Workshops on european pageant legislations and coverage held on the Robert Schuman Centre of the eu college in Florence. the current quantity reproduces the fabrics of a roundtable debate that happened on the EUI in June 2000 between senior representatives of european associations, popular lecturers and foreign felony specialists within the box of antitrust at the proposals made by way of the eu fee for the reform and decentralization of EC antitrust enforcement. The contributions and commentaries integrated during this quantity tackle particularly the next concerns: the compatibility of the Commission's reform notion with the provisions of the EC Treaty; the best way to be sure coherence, potency and criminal walk in the park in a decentralized method of imposing EC antitrust provisions; and the issues posed by means of the Commission's reform concept for the judiciary. This e-book is addressed to students, felony practitioners and representatives of the company group following the continuing technique of reform of EC antitrust.
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The ecu festival legislations Annual 2000 is 5th in a chain of volumes following the yearly Workshops on european festival legislation and coverage held on the Robert Schuman Centre of the ecu college in Florence. the current quantity reproduces the fabrics of a roundtable debate that happened on the EUI in June 2000 between senior representatives of european associations, well known teachers and overseas criminal specialists within the box of antitrust at the proposals made through the eu fee for the reform and decentralization of EC antitrust enforcement.
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Additional info for European Competition Law Annual 2000: The Modernisation of EU Competition Law
In fact, if Eleanor Fox, or I, or anyone else wrote a casebook on comparative antitrust, the European Night Services judgment should be in it. * There is, however, a price to pay for legal certainty, because per se rules involve a certain degree of arbitrariness. The issue arises even before actual enforcement, because a decision must be taken as to which categories of agreements fall under the per se rules. These are policy judgments that are to be made. There may be categories of agreements that, generally speaking, are almost always beneficial and are so rarely harmful that they can be permitted on a per se basis.
However, it is also important to set out proper and effective rules for the protection of the rights of undertakings, including rules on confidentiality. Undertakings have a legitimate interest in the protection of the confidentiality of any information exchanged. Both the Commission and national competition authorities should therefore be required not to disclose information collected or received that contains business secrets or is otherwise of a confidential nature. Other safeguards might also be necessary to protect the legitimate interests of companies.
One particular enforcement area dear to my heart is that of firms with high market shares (since these are most, or many, of my clients). Where does the new enforcement system leave them? Firms with high market shares are not necessarily anti-competitive, and an economic effect-based approach to enforcement should recognise this. Many agreements that firms with large market share enter into are pro-competitive, so the notion that firms considered 'dominant' cannot obtain an exemption under Article 81 (3) strikes me to be at odds with the new approach.