Enforcing European Competition Law - Harmonizing Private and Public Approaches in a More Differentiated Enforcement Model

PRIVATE ENFORCEMENT OF COMPETITION LAW, Jürgen Basedow, Jörg Philipp Terhechte & Lubos Tichy, eds., Nomos, 2010

12 Pages Posted: 10 Jul 2010  

Prof. Dr. Jörg Philipp Terhechte

Leuphana University Lüneburg, Competition & Regulation Institute

Date Written: July 10, 2010

Abstract

This paper focuses on the relevance of the new hybrid enforcement structure in European competition law. The main question is how public and private enforcement can be combined and a solid model of the whole enforcement process can be constructed. In a first step, the traditional enforcement structure will be discussed (II.) with the changes which the new regulation No 1/2003 brought upon that system (III.). Afterwards, the potential role of private enforcement has to be illuminated (IV.) to identify possible conflicts between private and public enforcement (V.). In the light of this, the paper discusses first ideas for a "harmonized system" of enforcement which puts the aims of competition law in European context into its centre as well as the fundamental principles of the European Union like the rule of law and human rights.

Suggested Citation

Terhechte, Prof. Dr. Jörg Philipp, Enforcing European Competition Law - Harmonizing Private and Public Approaches in a More Differentiated Enforcement Model (July 10, 2010). PRIVATE ENFORCEMENT OF COMPETITION LAW, Jürgen Basedow, Jörg Philipp Terhechte & Lubos Tichy, eds., Nomos, 2010. Available at SSRN: https://ssrn.com/abstract=1638339

Prof. Dr. Jörg Philipp Terhechte (Contact Author)

Leuphana University Lüneburg, Competition & Regulation Institute ( email )

Scharnhorststraße 1
Lüneburg, 21335
Germany

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