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Keywords: legal certainty
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Journal Article
Complexity and consistency challenges: evidence collection in EU and national competition law
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Nils Imgarten
Journal of Antitrust Enforcement, jnaf016, https://doi.org/10.1093/jaenfo/jnaf016
Published: 13 May 2025
... of EU competition law. evidence expert report public enforcement private enforcement rules of procedure EU general court legal certainty uniform application A11 A12 K21 K40 K41 K49 Within the landscape of decentralized application of European competition law, this article aims to explore...
Journal Article
Predictability: a mistreated virtue of competition law Open Access
Jan Broulík
Journal of Antitrust Enforcement, Volume 12, Issue 3, November 2024, Pages 362–377, https://doi.org/10.1093/jaenfo/jnad043
Published: 27 September 2023
... If one considers that not all harm can be remedied ex post, which is the case for instance as regards the dead-weight loss, the relative importance of the indirect mechanism will be even bigger. Predictability of competition law enforcement, often also called legal certainty, refers to how likely...
Journal Article
Strategies of Divergence: Local Authorities, Law, and Discretionary Spaces in Migration Governance Open Access
Barbara Oomen and others
Journal of Refugee Studies, Volume 34, Issue 4, December 2021, Pages 3608–3628, https://doi.org/10.1093/jrs/feab062
Published: 02 July 2021
... for certain cities to adopt one strategy as opposed to another, and to move between strategies and on potential consequences for legal certainty. 21 01 2020 01 06 2020 © The Author(s) 2021. Published by Oxford University Press. 2021 This is an Open Access article distributed under the terms...
Journal Article
EDITOR'S CHOICE
The intensity of judicial review in complex economic matters—recent competition law judgments of the Court of Justice of the EU
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José Luís da Cruz Vilaça
Journal of Antitrust Enforcement, Volume 6, Issue 2, August 2018, Pages 173–188, https://doi.org/10.1093/jaenfo/jny003
Published: 19 April 2018
... of the case-law legal certainty K21: Antitrust Law K41: Litigation Process It is common ground that competition law is a complex field. I approached this field of law in different capacities—as an academic, a practitioner, and a judge—and I am still trying to understand why its complexity looks so...
Journal Article
Improving Legal Certainty and Adaptability in the Programmatic Approach
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Lorenzo Squintani and Helena van Rijswick
Journal of Environmental Law, Volume 28, Issue 3, November 2016, Pages 443–470, https://doi.org/10.1093/jel/eqw022
Published: 02 November 2016
... in which this approach is regulated under the Air Quality Directive, the National Emission Ceilings Directive, the Nitrates Directive and the Water Framework Directive reveals room for improving adaptability and legal certainty. In light of the positive effects that a programmatic approach can have...
Journal Article
Towards a more sustainable use of commitment decisions in Article 102 TFEU cases
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Yves Botteman and Agapi Patsa
Journal of Antitrust Enforcement, Volume 1, Issue 2, October 2013, Pages 347–374, https://doi.org/10.1093/jaenfo/jnt009
Published: 13 August 2013
... be faced with instances of decisional inconsistencies and arbitrary treatment, with only limited scope for appeals before the Courts in Luxembourg. In a way, commitment decisions create legal certainty for the parties to a proceeding: the investigated company assumes specific obligations regarding certain...