Alternative enforcement of competition law
PhD student: Mrs E.S. Lachnit
Promotors: Mrs Prof A.T. Ottow, Mrs Prof A. Gerbrandy
Duration: 1/1/2012 - 31/12/2015
PhD defence: Utrecht, 24/9/2016
The classic approach to competition law enforcement (the \'command-and-control\'-method) has been modified over the years. More responsibility has been transferred to undertakings and many competition authorities now enforce competition law through instruments based on deliberation and negotiation, alongside more traditional instruments. Although the competition authorities in Europe frequently use forms of alternative enforcement, not much research has been conducted on the diversity and feasibility of these new instruments within the current legal framework. Procedural and protective requirements presume a vertical approach to competition law enforcement that on first sight might seem unfit to incorporate horizontal enforcement instruments. Accordingly, the search for new forms of enforcement is creating friction between law and practice. Especially its conformity with the protective requirements is heavily discussed. This research can objectively underpin or invalidate opinions that have been expressed on this topic before. Moreover, a comparative examination of enforcement law, policy and practice will lead to an outline of common problems and solutions in this field of law, contributing to a better understanding and application.