International Competition Enforcement Law Between Cooperation and Convergence

The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g.

  • PDF / 887,488 Bytes
  • 105 Pages / 439.37 x 666.142 pts Page_size
  • 62 Downloads / 218 Views

DOWNLOAD

REPORT


Jo¨rg Philipp Terhechte

International Competition Enforcement Law Between Cooperation and Convergence

Dr. Jo¨rg Philipp Terhechte University of Hamburg School of Law Rothenbaumchaussee 33 20148 Hamburg Germany [email protected]

ISBN 978-3-642-17166-6 e-ISBN 978-3-642-17167-3 DOI 10.1007/978-3-642-17167-3 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2011921704 # Springer-Verlag Berlin Heidelberg 2011 A first English version of this book was published as Working Paper CCLP (L) 26 of the Centre for Competition Law and Policy at the University of Oxford available under http://denning.law.ox.ac.uk/ lawvle/users/ezrachia/CCLP%20L.%2026.pdf A German version of this book was published in 68 Zeitschrift fu¨r ausla¨ndisches o¨ffentliches Recht und Vo¨lkerrecht (Zao¨RV)/Heidelberg Journal of International Law (HJIL) (2008), 689-762 Parts of the books were published in Jo¨rg Philipp Terhechte (ed.), Internationales Kartell- und Fusionskontrollverfahrensrecht, Gieseking Publisher (Bielefeld) 2008 (§§ 1, 2 and 90) A Mongolian version of this book was published as GTZ Working Paper in 2008 (translation by Professor Temuulen Baata, Ph.D.) available under http://www.red-mongolia.mn/pdf/handbook/k3/ kartellrecht-mgl.pdf This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, 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. Cover design: WMX Design GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

To Nicole and Jakob

Preface

International Competition Enforcement Law is a new field of research in jurisprudence which, until now, has attracted little attention. Academic debate has, in recent years, concentrated almost entirely on substantive law. Such an imbalanced focus, however, risks losing sight of the fact that the differing procedures, complex networks of co-operation between authorities and courts and the diverse organizational structures of the authorities all have an influence on the decision-making process in a manner which ought not to be underestimated. Whereas an increasing convergence of national, international and supranational law may be observed in the field of substantive law, enforcement law is characterized by a wide range of different approaches,