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European Competition Law: Enforcement or Regulation after Intel?

Competition Policy International Antitrust Chronicle, NOVEMBER · VOLUME 2 · FALL 2017

4 Pages Posted: 28 Nov 2017  

D. Daniel Sokol

University of Florida - Levin College of Law; George Washington University Law School Competition Law Center

Date Written: November 23, 2017

Abstract

The EUCJ Intel decision is a reminder that European competition law looks different from that of the North American jurisdictions where economic effects drive enforcement policy and a tradition of due process and procedural fairness exists. Intel suggests limits to DG Competition’s enforcement with regard to due process and is a wake up call for DG Competition to reiterate its commitment to procedural fairness.

Although there is some gap as between North American and European views on economic effects in cases, Intel suggests that this gap may be narrowing. Intel provides a road-map for further reworking of European case law towards more of an effects based approach. Perhaps Intel offers European competition law a GTE Sylvania-like moment with regard to an effects based approach to conduct, where cases had hereunto been form based “by object.”

Keywords: competition law, antitrust, economic analysis, procedural fairness

JEL Classification: l41, K21

Suggested Citation

Sokol, D. Daniel, European Competition Law: Enforcement or Regulation after Intel? (November 23, 2017). Competition Policy International Antitrust Chronicle, NOVEMBER · VOLUME 2 · FALL 2017. Available at SSRN: https://ssrn.com/abstract=3076589

D. Sokol (Contact Author)

University of Florida - Levin College of Law ( email )

Spessard L. Holland Law Center
P.O. Box 117625
Gainesville, FL 32611-7625
United States
(352) 273-0968 (Phone)
(352) 392-3005 (Fax)

HOME PAGE: http://www.law.ufl.edu/faculty/d-daniel-sokol

George Washington University Law School Competition Law Center ( email )

200 H Street, NW
Washington, DC 20052
United States

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