Handbook of EU Competition Law
This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically foun
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Handbook of EU Competition Law
Handbook of EU Competition Law
ThiS is a FM Blank Page
Walter Frenz
Handbook of EU Competition Law
Walter Frenz Aachen Germany
Translated by Craig R. Aird
ISBN 978-3-662-48591-0 ISBN 978-3-662-48593-4 DOI 10.1007/978-3-662-48593-4
(eBook)
Library of Congress Control Number: 2015957436 Springer Heidelberg New York Dordrecht London © Springer-Verlag Berlin Heidelberg 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer-Verlag GmbH (www.springer.com)
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Foreword
Competition law is playing an ever increasing role within the European Union. This is mainly due to the incredibly large fines imposed in this context. At the least, these fines are approaching the level of criminal sanctions giving rise to drastic consequences. The European Convention on Human Rights is applicable in particular. The Convention casts doubt on the Commission’s competence to impose these types of fines. In any event, the ECHR and elementary procedural principles of criminal law—which have likewise found their way into the CFR—provide significant protections such as the principles of ne bis in idem, nulla poena sine culpa and in dubio pro reo. Mere presumptions can hardly be enough. Contrary to the opinion of the ECJ in its ruling in Schenker, mistakes of law must likewise be recognised. Similarly, substantive competition law has seen important developments. The question of attributing actions on the part of subsidiary and affiliated companies is especially charged as is striking a balance between autonomous commercial behaviour and the dependence of other undertakings on access to certain platforms for example. Rulings in the Microsoft cases provide examples of the latter in particular. Anti-trust proceedings have been overshadowed by the conflict between protecting applicants for leniency and the right to access documents and records (rulings in Pfleiderer, Donau Che
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