Frese, M.J.

English

In the first decades of European integration, the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. Meanwhile, the enforcement of EU competition law has become less centralised, many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of the competition authorities of the Member States has been reinforced significantly. These national authorities may pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions on the relationship between EU law and national law, as well as on the costs of enforcement. This study links these questions together by analysing how the competences in the area of sanctions are distributed over EU level and national level and how this influences the costs of enforcement. As sanctioning competences in the area of EU competition law are not cast in stone, the conclusions of this study may allow competition authorities, courts and legislators to contribute to the development of EU competition policy with better insights on the economic implications of their choices

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UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl)UvA-DARE (Digital Academic Repository)Sanctions in EU competition law: principles and practiceFrese, M.J.Publication date2012Link to publicationCitation for published version (APA):Frese, M. J. (2012). Sanctions in EU competition law: principles and practice. [Thesis, fullyinternal, Universiteit van Amsterdam].General rightsIt is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s)and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an opencontent license (like Creative Commons).Disclaimer/Complaints regulationsIf you believe that digital publication of certain material infringes any of your rights or (privacy) interests, pleaselet the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the materialinaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letterto: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. Youwill be contacted as soon as possible.Download date:11 Feb 2023ACKnOWLEDgEMEnTSWriting this book often felt like a lonely journey. As I was considering who to thank for their help, I was therefore surprised by the long list of people that in some way or other contributed to this book. In retrospect, the journey was not as lonely as it sometimes appeared. Some of the people that have helped me along the way should be mentioned.First of all, I’m very grateful to my supervisors Floris Vogelaar, Rein Wesseling and Kati Cseres. Without their commitment, this journey could not have been undertaken. Moreover, their comments prevented me from getting helplessly lost along the way and their precision has contributed significantly to the structure and reader-friendliness of this book. Thanks to them, the number of ‘lintwormen’ and ‘tante betjes’ in this text have been reduced significantly. Apart from my supervisors, two other colleagues have performed a key role in this project. Ronald van Ooik agreed to read various drafts and to share with me his unparalleled knowledge of European Law. Thanks to him, I could make some last minute improvements. I’m also very grateful to René Smits. Apart from the useful discussions he and I regularly had, René introduced me to many interesting people within the Nederlandse Mededingingsautoriteit, invited me to seminars here and abroad, and arranged for me internships at the Office of Fair Trading in London and the Bundeskartellamt in Bonn.I should also thank the members of my reading committee. Adrienne de Moor-van Vught, Saskia Lavrijssen, Petra Pohlmann, Barry Rodger and Wouter Wils were so kind to accept the invitation. It’s both an honour and a privilege that these five experts were willing to read and comment on my work.As already mentioned, I have undertaken various research-internships. These were crucial in understanding some of the domestic legal issues I needed to grapple with. I would like to thank the Office of Fair Trading and in particular Ali nikpay, Andrea Appella, Terry Butler and all other members of the OFT’s executive office for offering me an internship and for making it such a valuable and pleasant stay. The fact that I was offered a desk next to the Chairman of the Board definitely contributed to the whole experience. I was lucky enough to be offered a similar internship at the Bundeskartellamt, where I worked for one of the cartel units. This brought me to the frontline of competition law enforcement. I would like to thank the Bundeskartellamt and in particular Dr. Wagemann and all other members of the 11. Beschlussabteilung for this unique opportunity. Thanks to Cleary gottlieb Steen & Hamilton LLP, I also had the opportunity to study the enforcement of competition law from the perspective of a defence counsel. I’m grateful to the entire Cologne office and in particular to Dirk Schroeder, Romina Polley and Roman Zagrosek for their hospitality. The largest part of this book has been written at the Law School of the Universiteit van Amsterdam. I would like to thank all my colleagues at the Amsterdam Centre for European Law and governance and the Department of International and European Public Law for creating such an inspiring and pleasant working environment, in particular gerrit Jan Pulles, Erik Kok, Thomas Beukers, Herman van Harten, Aart Loubert and Jeremy Bierbach, with whom I shared offices. Furthermore, I would like to thank all my colleagues vat the Amsterdam Center for Law & Economics for inspiring me through their dedication for research, in particular Maarten Pieter Schinkel, whose enthusiasm for research and antitrust policy has proven highly contagious. I should not forget my colleagues at the Department of Administrative Law either, in particular Arnout Klap, for offering me a teaching position right after graduation and for making me enthusiastic for academia. This book has profited from the feedback I got at the annual workshops of the Competition Law & Economics European network (CLEEn). I should therefore thank the organisers and participants of the CLEEn workshops in norwich, Amsterdam, Florence and Mannheim, for providing a forum to present and discuss some of the ideas in this book.Also on a more personal level, acknowledgements are fully justified. Ahmet, Floris, thank you for agreeing to become my ‘paranymphs’. Both of you had an important role in the process that has led to this book. Ahmet, because of you I was in no hurry to leave the Law School after graduation. Floris, you were an excellent sparring-partner and I enjoyed our ‘SCI-trips’.  Family and friends, you have meant so much to me during these last couple of years. I’m grateful to share my life with so many wonderful and loving people. My hayati Amira, you have joined me on the last and most difficult stages of this journey. Thank you for your love, care and patience. This journey has come to an end, but ours is just beginningMy dear mother, thank you for supporting me in all my endeavours, for making me aim high, and for always having made sure that I never needed to miss out on anything in life. I dedicate this book to you.vi

Sanctions in EU competition law: principles and practice

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Sanctions in EU competition law: principles and practice

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