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The Global Limits of Competition Law$
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D. Daniel Sokol and Ioannis Lianos

Print publication date: 2012

Print ISBN-13: 9780804774901

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804774901.001.0001

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Competition Law Remedies

Competition Law Remedies

In Search of a Theory

Chapter:
(p.177) 12 Competition Law Remedies
Source:
The Global Limits of Competition Law
Author(s):

Ioannis Lianos

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804774901.003.0013

This chapter focuses on a lesser known limit to competition law—that of implementing effective and proportional remedies. It attempts to integrate the issue of discretionary remedialism and the distinction between the liability and remedial phase to the broader question of the relation between efficiency, distributive justice on the one hand and corrective justice on the other. It examines the importance of “discretionary remedialism,” in particular in the context of antitrust, but also analyzes why it is important to limit its effects. The chapter also explores the objectives pursued by competition law remedies, in order to show that a coherent theory of competition law remedies is incompatible with a sharp dichotomy between liability and remedy questions. It illustrates the link between the two issues by looking to the past jurisprudence on remedies of the European Commission and the European courts. The emergence of a remedial proportionality test in EU competition law demonstrates the necessary logical connection between the remedy and the liability phase. The final section explores if, and how, the remedial proportionality test will operate in the context of an “effects-based approach” under Article 102 of the Treaty on the Functioning of the European Union.

Keywords:   competition law, proportional remedies, liability, discretionary remedialism, antitrust, Article 102, Treaty on the Functioning of the European Union

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