CONFERENCE - NEW FRONTIERS OF ANTITRUST - PROCEDURAL AUTONOMY

TR II - Procedural autonomy: Is it time for convergence in Europe? (New Frontiers of Antitrust Conference - Paris, February 10th 2012)

This second roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to procedural autonomy with regards to competition law enforcement. After a short introduction by Guy Canivet, member of the French Constitutional Council, Éric Barbier de la Serre, partner at Jones Day, focuses his study on the rise of consistency of the procedural autonomy: “beyond effectiveness and uniformity”. In the third contribution, Henk Don, member of the Netherlands Competition Authority, provides a practical perspective on procedural autonomy. It sets out procedural puzzles encountered by the NMa in its daily enforcement. The solutions to these procedural puzzles seem to lie in various forms of convergence. By keeping the solutions close to the real issues that NCAs encounter, the legal framework can adapt flexibly and maintain optimal procedural autonomy. In the last contribution, Laurence Idot, Professor at the University Panthéon-Assas, focus on international private law aspects.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Procedural autonomy: Is it necessary to reinterpret the principle to ensure the effectiveness of competition law?Introductory Remarks Guy Canivet First Honorary President of the Court of Cassation, Member of the Constitutional Council 1. The purpose of this round table is to compare, from a critical perspective, the principle of procedural autonomy, which is the foundation of relations between the Member States and the Union, with the objective of effective enforcement of competition law. 2. The brief introduction that I have been asked to give will be limited to a reminder of the principle of institutional and procedural autonomy with the sole

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Authors

  • University Paris II Panthéon‑Assas
  • French Constitutional Council (Paris)
  • Jones Day (Paris)
  • Netherlands Authority for Consumers & Markets (The Hague)
  • Netherlands Authority for Consumers & Markets (The Hague)

Quotation

Laurence Idot, Guy Canivet, Eric Barbier de la Serre, Henk Don, Siún O'Keeffe, TR II - Procedural autonomy: Is it time for convergence in Europe? (New Frontiers of Antitrust Conference - Paris, February 10th 2012), May 2012, Concurrences N° 2-2012, Art. N° 45932, www.concurrences.com

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