European Competition Law Annual 2013

This is a book for all interested in competition law ... it is a book which questions some of the answers given daily by practitioners, academics, administrators and judges. For that alone, it is worth reading. -- Vincent J G Power * European Competition Law Review *

Philip Lowe is a Non-Executive Director of the UK Competition and Markets Authority. Mel Marquis is Part-time Professor of Law at the European University Institute in Florence and Professore a contratto at LUMSA University in Rome. Giorgio Monti is Professor of Competition Law at the European University Institute.

EFFECTIVE AND LEGITIMATE ENFORCEMENT OF COMPETITION LAW: AN OVERVIEW Mel Marquis PART I: EFFECTIVE ENFORCEMENT OF COMPETITION LAW 1. Effective sanctions and compliance I Christine Parker, Effective and Legitimate Enforcement of Competition Law: A Riddle Wrapped In a Mystery Inside an Enigma? II Konrad Ost, From Regulation 1 to Regulation 2: Enforcement of EU Law by National Sanctioning Regimes and the Need for Further Convergence 2. Effective remedies III Joshua D Wright, The Federal Trade Commission and Monetary Remedies IV Ioannis Lianos, The Principle of Effectiveness, Competition Law Remedies and the Limits of Adjudication V Damien MB Gerard, Negotiated Remedies in the Modernisation Era: The Limits of Effectiveness VI Giorgio Monti, Behavioural Remedies for Antitrust Infringements - Opportunities and Limitations VII Frank P Maier-Rigaud, Behavioural versus Structural Remedies in EU Competition Law 3. Agencies as amicicuriae VIII Stephen Calkins, The Antitrust Conversation (Continued) 4. Infringement procedures and public measures distorting competition IX Jose Luis Buend i a Sierra, Enforcement of Article 106(1) TFEU by the European Commission and the EU Courts X Daniel A Crane, Hard Look Review of Anticompetitive State Action PART II: LEGITIMATE ENFORCEMENT OF COMPETITION LAW I Renato Nazzini, Parallel Proceedings in EU Competition Law: Rethinking Ne Bis In Idem as a Limiting Principle II Wolfgang Kirchhoff, Reflections on Parallel Enforcement, Fundamental Rights and the Rule of Law in the Competition Law Context III William E Kovacic, Creating a Respected Brand: How Competition Agencies Signal Quality PART III: EFFECTIVENESS AND LEGITIMACY IN INTERNATIONAL ENFORCEMENT COOPERATION I Julie Soloway, Charles Layton and Eric Richmond, International Cooperation in Antitrust Enforcement: A Canadian Perspective II Alberto Heimler, Effectiveness of Enforcement Cooperation in Developing Countries: What Role Can Existing Institutions Play? III Antonio Capobianco, John Davies and Sean Ennis, The Need for International Cooperation in Merger Enforcement PART IV: ISSUES FOR COURTS AND PERSPECTIVES ON THE JUDICIAL ROLE I Gerald Barling, The UK Competition Regime: Developments and Further Proposals for Change II James S Venit, What Is To Be Done? III Ian S Forrester, Quis custodiet ipsos custodes? Assessing the Judicial Role in a Lawful System of Competition Enforcement IV Mario Siragusa, Interaction between Public and Private Enforcement of Competition Law CONCLUSIONS Philip Lowe SELECTED REFERENCES