Behavioural versus Structural Remedies in EU Competition Law

Sat Apr 30 12:59:00 EDT 2016
By Prof. Dr. Frank P. Maier-Rigaud

The effectiveness of competition law and any enforcement efforts depends as much on the implementation of the adopted decisions via remedies as it does on the investigation of the infringement and the finding of liability. In a paper published in April 2016 in theEuropean Competition Law Annual 2013, NERA Director and Head of Competition Economics Europe Prof. Dr. Frank P. Maier-Rigaud discusses the role of structural remedies in EU competition law in a non-merger context. The focus is on the distinction between behavioural and structural remedies, the general role of structural remedies, and the scope for implementing structural remedies from an economic and legal perspective. The paper also explores the asymmetry between the relatively frequent use of structural remedies in merger cases on the one hand and their sparse use in antitrust—and in particular abuse of dominance cases—on the other hand. This paper was presented at the 18th Annual EU Competition Law and Policy Workshop in Florence, Italy.

Maier-Rigaud, Frank (2016) Behavioural versus Structural Remedies in EU Competition Law, in: Philip Lowe, Mel Marquis and Giorgio Monti (ed.), European Competition Law Annual 2013: Effective and Legitimate Enforcement of Competition Law, I, 2, VII, 207-224, Hart of Oxford 2016.

An excerpted chapter is posted here with permission of Hart Publishing Ltd.

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