1 / 9

B UNDES W ETTBEWERBS B EHÖRDE

B UNDES W ETTBEWERBS B EHÖRDE. European Competition Day – October 2 nd 2012 Panel III on Enforcement of Competition Rules in Member States: Opportunities and Challenges for National Competition Authorities - Cooperation and ECN Coordination .

keely-holman
Download Presentation

B UNDES W ETTBEWERBS B EHÖRDE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. BUNDESWETTBEWERBSBEHÖRDE European Competition Day – October 2nd 2012 Panel III on Enforcement of Competition Rules in Member States: OpportunitiesandChallengesfor National CompetitionAuthorities - CooperationandECNCoordination. National courtsasimportantplayers in theenforcementcontext Dr. Theodor Thanner, Austrian Federal Competition Authority

  2. Overview: BUNDESWETTBEWERBSBEHÖRDE Questions to be discussed: • What role, if any, do courts play in the enforcement context • Due process in competition law proceedings before courts • Need for clarity and "better" reasoning in court decisions • Ways to improve the legal and economic understanding

  3. Quotation BUNDESWETTBEWERBSBEHÖRDE But you, Perses, layupthesethingswithinyourheartand listen now to right, ceasingaltogether to think of violence. Fortheson of Cronos hasordainedthislawformen, thatfishesandbeastsandwingedfowlsshoulddevouroneanother, forrightis not in them; Hesiod, worksanddays, 274ff

  4. What role, if any, do courts play in the enforcement context? BUNDESWETTBEWERBSBEHÖRDE • Courts play a role (depending on thesetupofthe national enforcementsystem) • Part of legal procedure • Different rolesofcourts in thecompetitionlawlandscape

  5. Due process I BUNDESWETTBEWERBSBEHÖRDE • Institutional Setting • Monist Administrative Model • Dualist Administrative Model • Judicial Model

  6. Due process II BUNDESWETTBEWERBSBEHÖRDE • Access to file • Statement of Objections • Oral Hearing • Complainants • Third parties • Checks & Balances

  7. Need forclarityand"better"reasoning in courtdecisions BUNDESWETTBEWERBSBEHÖRDE • Content of decisions hard to grasp • Time aspect of competition law proceedings • Missing link to public interest considerations • Lack of legal advocacy

  8. Ways to improve the legal and economic understanding of judges BUNDESWETTBEWERBSBEHÖRDE • Necessity of broad understanding of competition policy • Double-edged role of expert witnesses in competition law proceedings • Duty to explain the meaning of court decisions and their potential repercussions on our daily life • Joint trainings and seminars with competition authorities

  9. Thank you very much for your attention! BUNDESWETTBEWERBSBEHÖRDE www.bwb.gv.at on twitter.com Director General for Competition Dr. Theodor Thanner

More Related