BOOKS: SALEMME Emma, Nomos, Luxembourg Legal Studies, University of Luxembourg, Faculty of Law, Economics and Finance (éd.), Volume 18, 2019, 438 p.

Enforcing European Competition Law through Leniency Programmes in the Light of Fundamental Rights, with an Overview of the US Leniency Programme, Emma SALEMME

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to stephane.rodrigues-domingues@univ-paris1.fr for review in this section.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

The book is the result of a thesis defended in 2018 at the University of Luxembourg, under the supervision of Professor Jörg Gerkrath. It completes the series of recent studies available on the respect of fundamental rights in the context of the repression of cartels (see not. Andreas Scordamaglia-Tousis, EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights, Kluwer Law International, 2013; and, most recently, Andreas Scordamaglia-Tousis, EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights, Kluwer Law International, 2013; and, most recently, Andreas Scordamaglia-Tousis, EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights, Kluwer Law International, 2013: Baskaran Balasingham, The EU Leniency Policy. Reconciling Effectiveness and Fairness, Kluwer Law International, 2017, compiled for Concurrences in February 2018). The book focuses on the application of competition law through leniency programmes in the light of fundamental rights.

Like Baskaran Balasingham’s thesis, Emma Salemme’s thesis is based on the assumption that cartels are an absolute evil that must be eradicated at all costs. This idea could have been qualified by asking whether it is possible for economic relations to be entirely free of cartels. On the other hand, it could have been asked whether the leniency policy might not indirectly constitute an incentive to denounce (rather than confess) the companies involved in the cartel. Is it not more logical, despite the evidentiary difficulties, to repress cartels by preventing them from occurring in any event rather than by encouraging participants to denounce them? The thesis does not address these questions. In a departure from the study carried out by Baskaran Balasingham, Emma Salemme explains that the study omits to examine the issue of leniency applications made under several legal orders (the one-stop-shop problem), as well as the proposal for a directive on the European Competition Network (known as "ECN+"), now adopted as Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018, which aims to provide Member States’ competition authorities with the means to implement the competition rules more effectively and to ensure the proper functioning of the internal market.

Emma Salemme’s approach is empirical and comparative, based on an analysis of leniency application practice, without reviewing the whole of the specialised doctrine. For the most part, the study is based on the national leniency programmes themselves, as well as on the responses of 21 national competition authorities to a questionnaire prepared by Emma Salemme, asking them about the scope of the national leniency programme, the level of evidence required for immunity and the reduction of fines.

The study of comparative law leads the author to look at American law, which leads him to conclude that European competition law is implemented more uniformly than between the different federal states of the United States of America. We learn that within the EU, public enforcement predominates, whereas private enforcement prevails in the United States.

The book will be of interest to academics, practitioners and law students new to the field of antitrust law.

PDF Version

Author

Quotation

Athanase Popov, Enforcing European Competition Law through Leniency Programmes in the Light of Fundamental Rights, with an Overview of the US Leniency Programme, Emma SALEMME, September 2019, Concurrences N° 3-2019, Art. N° 91260, pp. 275-276

Visites 228

All reviews