Market Design Powers of the European Commission?
Korbinian ReiterRelease date:February 2020
Language:English
ISBN:9783662607107
Publisher:Springer
Price:€ 157,95
This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission’s article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.
Korbinian Reiter
Born 1982 in Munich. Studied law at the Humboldt University of Berlin. 2007 First state examination. 2007/08 LL.M. Studies in Paris. Legal clerkship at the Higher Regional Court of Munich, including stations at the General Court of the European Union and the German Federal Constitutional Court. 2010 Second state examination. Doctorate in EU antitrust law, supervised by Prof Dr Thomas Ackermann, Munich, funded by the Max Planck Institute for Innovation and Competition; awarded the faculty prize of the Ludwig Maximilian University. 2008‑2011 research assistant at the chair for civil law and media law of Prof Dr Johannes Hager. Legal secretary at the General Court of the European Union in the chambers of Judge Alfred Dittrich (2012/13) and at the Court of Justice of the European Union in the chambers of Judge Prof Dr Dr h. c. Thomas von Danwitz (2015 to 2019).
