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Alternative enforcement of competition law / Eva Lachnit.

By: Language: English Summary language: Dutch, French Publisher: The Hague, The Netherlands : Eleven International Publishing, [2016]Distributor: Portland, OR : International Specialized Book ServicesCopyright date: ©2016Description: xviii, 447 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9789462367074
  • 9462367078
Subject(s): Additional physical formats: Online version:: Alternative enforcement of competition law.DDC classification:
  • 343.072 LAC
LOC classification:
  • KJC6456 .L33 2016
Contents:
Introduction; Institutions and legal background; Normative framework; Negotiated procedures; Markets work; Individual guidance; Compliance programmes; Evaluation and synthesis; Alternative enforcement in a broader context
This research analyses and compares the use of certain alternative enforcement instruments, such as negotiated procedures, markets work, individual guidance and compliance programmes, by the Dutch, UK and French competition authorities. Competition authorities are known for imposing enormous fines on companies that have infringed the law. However, most authorities are equally active in educating, deliberating, influencing or preventing. Alternative enforcement entails a deviation from command-and-control style enforcement and can be characterised as informal, horizontal, compliance-based, restorative, preventative and/or more efficient. This book draws from the differences between the national approaches to show the advantages and downsides of negotiated procedures, markets work, individual guidance and compliance programmes. Also, it provides recommendations to pursue a balance between instrumentality and safeguards within the instruments, and in enforcement policy as a whole. This research will be of interest for both academics and practitioners in the field of competition law and enforcement --Back cover.
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Originally presented as the author's thesis (Ph. D.)--Utrecht University --Acknowledgements.

Includes bibliographical references (pages 399-417).

Introduction;
Institutions and legal background;
Normative framework;
Negotiated procedures;
Markets work;
Individual guidance;
Compliance programmes;
Evaluation and synthesis;
Alternative enforcement in a broader context

This research analyses and compares the use of certain alternative enforcement instruments, such as negotiated procedures, markets work, individual guidance and compliance programmes, by the Dutch, UK and French competition authorities. Competition authorities are known for imposing enormous fines on companies that have infringed the law. However, most authorities are equally active in educating, deliberating, influencing or preventing. Alternative enforcement entails a deviation from command-and-control style enforcement and can be characterised as informal, horizontal, compliance-based, restorative, preventative and/or more efficient. This book draws from the differences between the national approaches to show the advantages and downsides of negotiated procedures, markets work, individual guidance and compliance programmes. Also, it provides recommendations to pursue a balance between instrumentality and safeguards within the instruments, and in enforcement policy as a whole. This research will be of interest for both academics and practitioners in the field of competition law and enforcement --Back cover.

Text in English, with summaries in Dutch and French.