Developments in EC competition law in 2005: an overview

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Series Details Vol.43, No.5, October 2006, p1409–1446
Publication Date October 2006
ISSN 0165-0750
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Publishers Abstract:
This article discusses the major developments in EC competition law in the year 2005. As far as policy initiatives are concerned, the first full year under the leadership of Competition Commissioner Neelie Kroes has been marked by long-term, relatively ambitious projects rather than short-term action: sector inquiries in the areas of energy and financial services, comprehensive reviews of past practice and future policy in such areas as maritime transport, Article 82 EC, private enforcement and merger remedies. In December 2005, the Commission adopted its Green Paper on anti-trust damages. The Green Paper follows a 2004 study that found a 'total underdevelopment' of private actions for breaches of EC competition law as well as an 'astonishing diversity' in Member States' approaches. Competition law developments in 2006 and beyond may thus continue to be shaped primarily by the Community courts' jurisprudence.

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