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N° 1-2010
How much discretion do, and should, competition authorities enjoy in the course of their enforcement activities? A multi-jurisdictional assessment
ARTICLES : COMPETITION AUTHORITIES - DISCRETIONARY POWER - INVESTIGATION
The purpose of this study is to assess whether competition agencies (“CAs”) do, and in turn should, enjoy an unfettered discretionary power in the context of the investigation of competition law infringements or whether their margin of discretion should be subject to certain limits. To this end, it focuses on four successive areas where CAs may be entitled to make choices, i.e. detection of infringements, selection of enforcement targets, initiation of infringement proceedings and outcome of the case. Thanks to reports received from 21 national experts in response to a questionnaire covering 18 jurisdictions, the present study formulates a number of public policy proposals.The author would like to thank C. Bergquist, A. Emch, E. Fegatilli, D. Henry, L. De Muyter, N. Neyrinck and E. Provost for their helpful comments.
The table is available in the PDF version of this article.
Author(s) :
Language : English
Date of publication : February 2010
Citation : Nicolas Petit, How much discretion do, and should, competition authorities enjoy in the course of their enforcement activities? A multi-jurisdictional assessment, Concurrences, N° 1-2010, n°30048, pp. 44-62
