Change search
ReferencesLink to record
Permanent link

Direct link
The Principle of Equality: A Limit to the Commission’s Discretion in EU Competition Law Enforcement?
Stockholm University, Faculty of Law, Department of Law, The European Law Institute.ORCID iD: 0000-0002-5451-0992
2013 (English)In: Global Antitrust Review, no 6, 149-166 p.Article in journal (Refereed) Published
Abstract [en]

This article evaluates whether the principle of equality has a limiting effect on the Commission’s enforcement of EU competition law. An analysis of the Commission’s discretion during the enforcement of EU competition law and an examination of the principle of equality build the foundation for that evaluation. One can distinguish between situations where two parties to the same case are treated differently and where two parties to different cases are treated differently. In these two situations, the limitations of the principle of equality on the discretion of the Commission are discussed with regard to the remedies used and the magnitude of fines imposed. It is concluded that the principle of equality has very little influence on the Commissions actions in the field of EU competition law enforcement and some improvements are suggested to ensure transparency in the process of enforcement.

Place, publisher, year, edition, pages
Interdisciplinary Center for Competition Law and Policy, Queen Mary, university of London , 2013. no 6, 149-166 p.
Keyword [en]
Competition Law; Enforcement; Principle of Equality
National Category
Law (excluding Law and Society)
URN: urn:nbn:se:su:diva-99719OAI: diva2:688234
Available from: 2014-01-16 Created: 2014-01-16 Last updated: 2016-01-21Bibliographically approved

Open Access in DiVA

fulltext(418 kB)97 downloads
File information
File name FULLTEXT01.pdfFile size 418 kBChecksum SHA-512
Type fulltextMimetype application/pdf

Other links

Link to article in fulltext

Search in DiVA

By author/editor
Voss, Katharina
By organisation
The European Law Institute
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 97 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 256 hits
ReferencesLink to record
Permanent link

Direct link