Remedies in EU antitrust law
Remedies are central in contemporary EU antitrust enforcement. However, they remain relatively misunderstood. Against this background, this article has three main objectives. It seeks, first, to shed light on the nature and purpose of remedial action under Articles 101 and 102 TFEU, with a focus on the European Commission’s activity. The point of intervention, the case law shows, is to bring an infringement effectively to an end. As a matter of positive law, it is unclear that there is room for restorative remedies (that is, remedies that seek to recreate the conditions of competition as they would have existed in the absence of the practice). Second, the article takes a critical perspective on the practice of the past decade. It appears, in particular, that a ‘principles-based approach’ to the administration of remedies is likely to lead to suboptimal outcomes. Finally, some recommendations are outlined so that the letter of the law matches the demands and ambitions of the sort of regulatory-like intervention that is necessary in digital markets and other industries presenting similar features.
| Item Type | Article |
|---|---|
| Copyright holders | © 2025 The Author |
| Departments | LSE > Academic Departments > Law School |
| DOI | 10.1093/joclec/nhae022 |
| Date Deposited | 02 Jan 2025 |
| Acceptance Date | 21 Dec 2024 |
| URI | https://researchonline.lse.ac.uk/id/eprint/126537 |
Explore Further
- K21 - Antitrust Law
- K23 - Regulated Industries and Administrative Law
- L40 - General
- L41 - Monopolization; Horizontal Anticompetitive Practices
- L43 - Legal Monopolies and Regulation or Deregulation
- L51 - Economics of Regulation
- https://www.scopus.com/pages/publications/105008453806 (Scopus publication)
