13. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions

Author(s):  
Alison Jones ◽  
Brenda Sufrin

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the change in the enforcement regime for EU antitrust rules on 1 May 2004; the system under Regulation 17 that applied before then; the reasons for, and salient features of, the ‘modernisation’ in Regulation 1/2003; the powers of the Commission; the role of EU Courts; enforcement by national competition authorities and the relationship between EU and national law; the possibility of sanctions against individuals; and the position of those who make complaints about alleged infringements of the competition rules.

Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.


Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas

This chapter discusses the enforcement of EU competition law. EU competition law is primarily enforced through a system of ‘public enforcement’, where specialized administrative institutions initiate, decide, and terminate cases. Articles 101 and 102 TFEU are enforced by competition authorities at both the European—by the Commission—and national levels—by national competition authorities (NCAs). Since the adoption of Regulation 1/2003, the Commission and the NCAs form a ‘network’ of competition authorities called the European Competition Network (ECN). A set of specific legal mechanisms have been adopted to ensure a harmonious and effective enforcement of EU competition rules amongst the ECN. In addition, national courts also offer a remedial avenue for plaintiffs seeking to invoke EU competition rules. The chapter then looks at how the Commission and NCAs process competition cases. In general, a competition case goes through four stages: detection, investigation, evaluation, and decision.


Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter discusses the public enforcement regime for the application of Articles 101 and 102 under Regulation 1/2003. It explains the system that applied previously under Regulation 17, and the reasons for, and salient features of, the ‘modernisation’ introduced by Regulation 1/2003. The chapter then examines: the complaints procedure; the powers of the Commission, including the investigation and inter partes stages of its procedure; the decisions which the Commission may take, including decisions imposing fines and commitments decisions; judicial review by the EU Courts; the European Competition Network (ECN) and enforcement by national competition authorities, including the changes to be introduced by the ECN+ Directive; and the possibility of sanctions against individuals.. The chapter also considers the application of fundamental rights provisions in EU competition proceedings.


2014 ◽  
Vol 16 ◽  
pp. 143-187 ◽  
Author(s):  
Niamh Dunne

AbstractPrivate enforcement is an increasingly prominent element of EU competition law. The forthcoming Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent case law of the Court of Justice reaffirms the centrality of the right to claim compensation for losses stemming from breach of the competition rules. Moreover, this right has been presented as an essentially unitary one, whereby any victim of any type of competition infringement has, in principle, the right to claim damages. This chapter reviews the evolving framework, and considers, specifically, the role for private enforcement within the overall system of EU competition law. Taking into account the Commission’s efforts to facilitate and increase private enforcement, the emerging EU public enforcement framework, as well as the substantive EU competition rules more generally, this chapter argues that, contrary to the rhetoric, private enforcement is a mechanism best adapted, and arguably most appropriate, for use only in the context of hard-core cartels. It is further suggested that the gap between rhetoric and reality is not problematic as such, yet difficulties may arise insofar as these divergences conflict with the principle of effectiveness.


Author(s):  
Arsenidou Elisavet ◽  
Capiau Jeroen ◽  
Sinclair Ailsa ◽  
Stanciute Jurga

This chapter assesses the cooperation between the European Commission and national competition authorities (NCAs) in a decentralised system of antitrust enforcement. The recent adoption of a Directive to empower the competition authorities of the Member States to be more effective enforcers (ECN+ Directive) aims at ensuring more effective enforcement and mutual assistance among NCAs throughout the EU by putting in place minimum guarantees and powers to detect and tackle infringements. The chapter then explains the role of the European Competition Network (ECN), how it is organised and governed. The ECN was created in conjunction with the adoption of Regulation 1/2003. It consists of the NCAs and the Commission forming together a network of public authorities applying the EU competition rules in close cooperation.


Religions ◽  
2021 ◽  
Vol 12 (4) ◽  
pp. 272
Author(s):  
Ihsan Yilmaz ◽  
Nicholas Morieson

This paper examines the existing literature on the relationship between religion and populism, and is intended as a starting point for further examination of the relationships between populism, religion, and emotions. This paper systematically reviews the various aspects of the populist phenomenon. After a discussion on different definitions of populism, this paper looks at how the literature discusses the causes of populism, mainly socio-economic factors and emotive factors. Then it discusses how religion and populism interact and can be divided in two broad categories of religious populism and identitarian populism. While, on the surface, the two share similarities, this paper reviews populist manifestations across the world to draw the distinct features between the two forms. Lastly, while pointing out the salient features of religious populism and identitarian populism, this study points out gaps in the research on the relationship between religious populism and other phenomena such as transnational populism, the psychology of populism, the role of emotions in creating support for populism, and populism in Western and non-Western contexts for future areas of research in the field.


2020 ◽  
Vol 43 ◽  
Author(s):  
Thomas Parr

Abstract This commentary focuses upon the relationship between two themes in the target article: the ways in which a Markov blanket may be defined and the role of precision and salience in mediating the interactions between what is internal and external to a system. These each rest upon the different perspectives we might take while “choosing” a Markov blanket.


Crisis ◽  
2016 ◽  
Vol 37 (3) ◽  
pp. 212-217 ◽  
Author(s):  
Thomas E. Joiner ◽  
Melanie A. Hom ◽  
Megan L. Rogers ◽  
Carol Chu ◽  
Ian H. Stanley ◽  
...  

Abstract. Background: Lowered eye blink rate may be a clinically useful indicator of acute, imminent, and severe suicide risk. Diminished eye blink rates are often seen among individuals engaged in heightened concentration on a specific task that requires careful planning and attention. Indeed, overcoming one’s biological instinct for survival through suicide necessitates premeditation and concentration; thus, a diminished eye blink rate may signal imminent suicidality. Aims: This article aims to spur research and clinical inquiry into the role of eye blinks as an indicator of acute suicide risk. Method: Literature relevant to the potential connection between eye blink rate and suicidality was reviewed and synthesized. Results: Anecdotal, cognitive, neurological, and conceptual support for the relationship between decreased blink rate and suicide risk is outlined. Conclusion: Given that eye blinks are a highly observable behavior, the potential clinical utility of using eye blink rate as a marker of suicide risk is immense. Research is warranted to explore the association between eye blink rate and acute suicide risk.


2015 ◽  
Vol 36 (3) ◽  
pp. 170-176 ◽  
Author(s):  
Erin N. Stevens ◽  
Joseph R. Bardeen ◽  
Kyle W. Murdock

Parenting behaviors – specifically behaviors characterized by high control, intrusiveness, rejection, and overprotection – and effortful control have each been implicated in the development of anxiety pathology. However, little research has examined the protective role of effortful control in the relation between parenting and anxiety symptoms, specifically among adults. Thus, we sought to explore the unique and interactive effects of parenting and effortful control on anxiety among adults (N = 162). Results suggest that effortful control uniquely contributes to anxiety symptoms above and beyond that of any parenting behavior. Furthermore, effortful control acted as a moderator of the relationship between parental overprotection and anxiety, such that overprotection is associated with anxiety only in individuals with lower levels of effortful control. Implications for potential prevention and intervention efforts which specifically target effortful control are discussed. These findings underscore the importance of considering individual differences in self-regulatory abilities when examining associations between putative early-life risk factors, such as parenting, and anxiety symptoms.


2016 ◽  
Vol 37 (1) ◽  
pp. 31-39 ◽  
Author(s):  
Nicole L. Hofman ◽  
Austin M. Hahn ◽  
Christine K. Tirabassi ◽  
Raluca M. Gaher

Abstract. Exposure to traumatic events and the associated risk of developing Posttraumatic stress disorder (PTSD) symptoms is a significant and overlooked concern in the college population. It is important for current research to identify potential protective factors associated with the development and maintenance of PTSD symptoms unique to this population. Emotional intelligence and perceived social support are two identified protective factors that influence the association between exposure to traumatic events and PTSD symptomology. The current study examined the mediating role of social support in the relationship between emotional intelligence and PTSD symptoms. Participants included 443 trauma-exposed university students who completed online questionnaires. The results of this study indicated that social support mediates the relationship between emotional intelligence and reported PTSD symptoms. Thus, emotional intelligence is significantly associated with PTSD symptoms and social support may play an integral role in the relationship between emotional intelligence and PTSD. The current study is the first to investigate the role of social support in the relationship between emotional intelligence and PTSD symptoms. These findings have important treatment and prevention implications with regard to PTSD.


Sign in / Sign up

Export Citation Format

Share Document