The Modernisation of the Rules Implementing Art 81 and Art 82 ECT and its Implications for Italy
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This study deals with EC Competition Law and analyses the switch from centralised enforcement of Art 81 and Art 82 ECT towards decentralised enforcement involving, in addition to the Commission, national authorities and courts. The reform also introduces a system that institutes a regime of ex-post control. One part of the book provides the general background, another concentrates on the reform and discusses the various issues from a general perspective. Finally, the consequences for Italian competition law and its institutions are examined. As will be seen, there are good arguments to reject ...
This study deals with EC Competition Law and analyses the switch from centralised enforcement of Art 81 and Art 82 ECT towards decentralised enforcement involving, in addition to the Commission, national authorities and courts. The reform also introduces a system that institutes a regime of ex-post control. One part of the book provides the general background, another concentrates on the reform and discusses the various issues from a general perspective. Finally, the consequences for Italian competition law and its institutions are examined. As will be seen, there are good arguments to reject the main concern in respect of the reform. These are constituted by a feared lack of consistency and uniformity in the application of EC law. Nevertheless, still-to-dos can be found, among others, in respect of effective case allocation or regarding the harmonisation of national procedural rules.
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