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Quelles garanties pour la procédure d’engagements en droit de la concurrence de l’Union Européenne?

Author

Listed:
  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur)

  • Mehdi Mezaguer

Abstract

Alongside with the effects-based approach, the negotiated procedures constitute the second main pillar of the EU competition policy modernisation. This modernisation aims at enhancing the legal certainty of all the enforcement stakeholders, by reducing the false-positive risks and by limiting the risk of decision annulments in the judicial control process. It also aims at generating efficiency gains, especially procedural ones. Nowadays, the recourse to commitments procedures appears as overwhelmingly dominant in energy sector cases and also in the software industry ones. This dominance raises several concerns. Remedies may be sometimes seen as disproportionate, insufficiently related to the theory of damage, or harmful in terms of stakeholders' fundamental rights. For instance, the commitments procedures are seen as limiting the scope of the Commission's decision judicial review. Our article analyses these risks and maps out some options to master them.

Suggested Citation

  • Frédéric Marty & Mehdi Mezaguer, 2016. "Quelles garanties pour la procédure d’engagements en droit de la concurrence de l’Union Européenne?," Post-Print halshs-01322360, HAL.
    • Handle: RePEc:hal:journl:halshs-01322360
    as

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