International Antitrust Law & Policy: Fordham Corporate Law 2005 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 2005 - PDF
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Chapter 10
PRIVATE ENFORCEMENT OF COMMISSION
COMMITMENT DECISIONS: A STEEP CLIMB,
NOT A GENTLE STROLL
John Davies and Manish Das†
I. INTRODUCTION
Article 9 of Regulation 1/20031 (Regulation 1) brings about an
important development in the enforcement of EC competition law by
introducing an entirely new type of European Commission decision. It
enables the Commission, for the first time, to settle investigations formally
by decision and to accept commitments to meet its competition concerns
without coming to an infringement finding (a commitment decision).
Regulation 1 also brings about some fundamental changes to the
enforcement of competition law. It facilitates decentralisation in
enforcement and encourages private enforcement,2 both of which are
About the Editor:
Barry Hawk is Director of the Fordham Corporate Law Institute and Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris.