Art. 16(1), Regulation n. 1/2003: un revirement nécessaire

Gabriele Carovano

Mercato Concorrenza Regole, 2019, issue 3, 395-433

Abstract: The paper proposes a new interpretation of Article 16(1), Regulation n. 1/2003, which better protects the interest in the uniform application of European competition law. The suggested revirement is the result of a historical reconstruction of the jurisprudence that gave rise to the examined provision, and of a balancing exercise among the provisions’ multiple interpretations that would be possible in theory. The paper, then, identifies the objective limits of the binding nature of the European Commission’s decisions under Article 16(1) and presents a historical parallelism between the role played by the Commission ex art. 16(1), and that initially performed by the Cour de Cassation during its first years of establishment. Finally, the paper examines the relationship existing between the Commission decisions’ effects ex art. 16(1) and the principle of res judicata.

Keywords: European competition law; Uniformal application of European competition law; European Commission; National courts. (search for similar items in EconPapers)
Date: 2019
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.rivisteweb.it/download/article/10.1434/96687 (application/pdf)
https://www.rivisteweb.it/doi/10.1434/96687 (text/html)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:mul:jhpfyn:doi:10.1434/96687:y:2019:i:3:p:395-433

Access Statistics for this article

Mercato Concorrenza Regole is currently edited by Giuliano Amato

More articles in Mercato Concorrenza Regole from Società editrice il Mulino
Bibliographic data for series maintained by ().