Parental Liability in EU Competition Law
A Legitimacy-Focused Approach
Format:Hardback
Publisher:Oxford University Press
Published:29th Aug '23
Currently unavailable, and unfortunately no date known when it will be back
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
I was very excited at the news of the publication of Professor Whelan's book, Parental Liability in EU Competition Law, and found in it, as I expected, the highest level of scholarly work. * Professor Miguel Sousa Ferro, European Law Review *
A magnum opus', 'a titanic effort', and 'a perfectly aged blend of analysis, criticism and reflection.' * Dr Marcos Araujo Boyd, Liverpool Law Review *
Even the most critical reader would struggle to find fault with Whelan's thorough analysis and comprehensive argumentation. ... Whelan's monograph has left no doctrinal stone unturned and has brought considerable clarity into a crucial, but convoluted, area of EU competition law. The value of his recommendations hardly needs highlighting: his proposal charts a clear way forward, and, if implemented, it would solidify parental liability as an enforcement tool and would treat the causes of its chronic legitimacy malaise. ... His thorough and comprehensive analysis leaves no excuse to the European Commission and the EU Courts not to rethink their approach to parental liability, in order to address at least some of the identified shortcomings. * Dr Andriani Kalintiri, Common Market Law Review *
Unpacking the intricate macro and micro legal questions arising from this debate requires forensic scrutiny, unyielding precision and the deepest of deep-dives into the trade-offs between substance and procedure. In other words, it requires the Whelan treatment. ... Readers will quickly appreciate the astonishingly robust evidential basis that anchors each of the arguments and proposals, in addition to the author's efforts to reason and communicate these in accessible ways ... Reforming the established EU approach is a very tall order but by centralizing, resetting and developing the key strands of debates in the field, the book stands as a powerful asset to those calling for change... It is a body of work that more than warrants the label of "career-defining" * Dr David Reader, World Competition Law and Economics Review *
Whelan should be congratulated on producing an extremely valuable contribution to the competition law literature. Its importance and potential impact should not be underestimated-this is a book that should be read by all competition law scholars and practitioners. As is the case of Whelan's other monographs, this book is meticulously researched and brilliantly written. The author employs a writing style that is easy to follow, and which makes the book highly accessible even to those with limited prior knowledge of EU competition law. * Professor Andreas Stephan, Journal of Business Law *
The monograph authored by Professor Whelan carries out a profound analysis on one of the most intriguing features of EU competition law: its challenge to legal entities as only subjects of the law, with its many contradictions. Parental liability, its most salient consequence, is not only profoundly explored, but pondered from what is undoubtedly the most pungent question: its legitimacy. Across its more than 600 pages, the author invites the reader to question the logic of this construction in an orderly, open minded fashion. The clarity of Professor Whelan's drafting facilitates a straight look into the issues. ... A true pleasure to read and, at the same time, a real tour de force that will become a must-have work. * Dr Marcos Araujo Boyd, Liverpool Law Review *
ISBN: 9780198844839
Dimensions: 257mm x 184mm x 37mm
Weight: 1212g
624 pages