The Legal Effects of EU Competition Soft Law in the Decisions of National Competition Authorities: The Case of the Bundeskartellamt.

Leander Stähler; Mariolina Eliantonio

doi:10.21552/core/2020/4/5

The Legal Effects of EU Competition Soft Law in the Decisions of National Competition Authorities: The Case of the Bundeskartellamt.

Leander Stähler^*, Mariolina Eliantonio^*

^*Corresponding author for this work

Research output: Contribution to journal › Article › Academic › peer-review

276 Downloads (Pure)

Abstract

Soft law issued by the European Commission plays an important role in the area of EU competition law. Focusing on the legal effect of competition soft law as applied by Germany's national competition authority, the Bundeskartellamt, this contribution analyses how the authority pursues interpretational and decisional objectives through references to competition soft law. This contribution quantifies the references made to soft law and categorises these references on the basis of the involvement of other sources of law in an individual reference. It is shown that the Bundeskartellamt is comfortable making reference to competition soft law as the sole legal basis for certain parts of many decisions, ascribing to competition soft law a strong legal effect in several instances.

Original language	English
Pages (from-to)	273-288
Number of pages	16
Journal	European Competition and Regulatory Law Review
Volume	4
Issue number	4
DOIs	https://doi.org/10.21552/core/2020/4/5
Publication status	Published - 1 Oct 2020

Keywords

Antitrust law
Soft law
European law
Germany
European Commission
Bundeskartellamt
enforcement
EU Commission
EU soft law
NCAs

Access to Document

10.21552/core/2020/4/5

Full TextFinal published version, 388 KBLicence: Taverne

Cite this

@article{45cc6ebd9d0f4a40826615a15459240d,

title = "The Legal Effects of EU Competition Soft Law in the Decisions of National Competition Authorities: The Case of the Bundeskartellamt.",

abstract = "Soft law issued by the European Commission plays an important role in the area of EU competition law. Focusing on the legal effect of competition soft law as applied by Germany's national competition authority, the Bundeskartellamt, this contribution analyses how the authority pursues interpretational and decisional objectives through references to competition soft law. This contribution quantifies the references made to soft law and categorises these references on the basis of the involvement of other sources of law in an individual reference. It is shown that the Bundeskartellamt is comfortable making reference to competition soft law as the sole legal basis for certain parts of many decisions, ascribing to competition soft law a strong legal effect in several instances.",

keywords = "Antitrust law, Soft law, European law, Germany, European Commission, Bundeskartellamt, enforcement, EU Commission, EU soft law, NCAs",

author = "Leander St{\"a}hler and Mariolina Eliantonio",

year = "2020",

month = oct,

day = "1",

doi = "10.21552/core/2020/4/5",

language = "English",

volume = "4",

pages = "273--288",

journal = "European Competition and Regulatory Law Review",

issn = "2510-3148",

publisher = "Lexxion",

number = "4",

}

TY - JOUR

T1 - The Legal Effects of EU Competition Soft Law in the Decisions of National Competition Authorities

T2 - The Case of the Bundeskartellamt.

AU - Stähler, Leander

AU - Eliantonio, Mariolina

PY - 2020/10/1

Y1 - 2020/10/1

N2 - Soft law issued by the European Commission plays an important role in the area of EU competition law. Focusing on the legal effect of competition soft law as applied by Germany's national competition authority, the Bundeskartellamt, this contribution analyses how the authority pursues interpretational and decisional objectives through references to competition soft law. This contribution quantifies the references made to soft law and categorises these references on the basis of the involvement of other sources of law in an individual reference. It is shown that the Bundeskartellamt is comfortable making reference to competition soft law as the sole legal basis for certain parts of many decisions, ascribing to competition soft law a strong legal effect in several instances.

AB - Soft law issued by the European Commission plays an important role in the area of EU competition law. Focusing on the legal effect of competition soft law as applied by Germany's national competition authority, the Bundeskartellamt, this contribution analyses how the authority pursues interpretational and decisional objectives through references to competition soft law. This contribution quantifies the references made to soft law and categorises these references on the basis of the involvement of other sources of law in an individual reference. It is shown that the Bundeskartellamt is comfortable making reference to competition soft law as the sole legal basis for certain parts of many decisions, ascribing to competition soft law a strong legal effect in several instances.

KW - Antitrust law

KW - Soft law

KW - European law

KW - Germany

KW - European Commission

KW - Bundeskartellamt

KW - enforcement

KW - EU Commission

KW - EU soft law

KW - NCAs

U2 - 10.21552/core/2020/4/5

DO - 10.21552/core/2020/4/5

M3 - Article

SN - 2510-3148

VL - 4

SP - 273

EP - 288

JO - European Competition and Regulatory Law Review

JF - European Competition and Regulatory Law Review

IS - 4

ER -