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Article Prosecutorial Model Can Lead to a Fairer and More Efficient Enforcement in Cartel Cases
Authors Usai A.
Name of magazine Legal journal «Law of Ukraine» (English version)
Issue 3 / 2013
Pages 183 - 207
Annotation This article investigates whether a major structural reform of the powers of the European Commission when enforcing Article 101 TFEU in cartel cases could entail more fairness and efficiency. After analyzing how the procedure works, the alleged criminal nature of competition fines and the issues related to judicial review, this article argues that a prosecutorial model would improve the whole system.
Keywords cartels, prosecutorial model, fairness, efficiency, public enforcement.
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