In June this year, the book “Leniency in EU Competition Law”, written by the BECCLE-member, Ingrid Margrethe Halvorsen Barlund, was published as part of the International Competition Law Series at Wolters Kluwer.
Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in EuropeanUnion (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market.
In relation to the subject matter, the interaction between the Commission’s Leniency Notice and public and private enforcement, the book covers such aspects as:
- who is eligible for leniency;
- liability of an immunity recipient;
- the EU fining system;
- disclosure of leniency evidence;
- scope of public authorities reaching out to cartel infringers;
- the immunity recipient and follow-on damages claimants;
- the immunity recipient and subsequent leniency applicants;
- effect of the Damages Directive; and
- the European Economic Area dimension.
The book also offers suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage.
For more information about the book, follow this link.