The Optimal Enforcement of EC Antitrust Law:A Study in Law and Economics

The enforcement of the EC antitrust rules is currently the subject of much discussion. The existing system for the enforcement of Articles 81 and 82 EC has been widely criticised as inadequate. Several changes have been introduced recently, and further reforms have been proposed, but the search for a coherent and effective enforcement regime remains unfinished.

Combining an in-depth examination of the law with a systematic economic analysis, Wouter Wils provides clear and illuminating answers to the major questions concerning the modernisation of EC antitrust enforcement:

Should a notification system be maintained, or should the antitrust rules be enforced exclusively through deterrence? What are the respective roles of the European Commission, the national competition authorities and the national courts? At what level should fines be set? And is there a need to criminalise EC antitrust law by introducing individual penalties, in particular imprisonment?

Practitioners, officials and academics will find in this timely book a wealth of information on the existing enforcement practice and on the pending proposals for reform, as well as a rigorous intellectual framework that will structure and clarify current and future debate on the modernisation of EC antitrust enforcement.