Marc van der Woude

Bio: Marc van der Woude is an academic researcher from European Union. The author has contributed to research in topics: Competition law & Common law. The author has an hindex of 3, co-authored 7 publications receiving 22 citations.

In favour an effective judicial protection: A reminder of the 1988 objectives of the General Court of the EU

Abstract: The workload of the General Court requires it to change its operational structure. The Court of Justice proposes to double the number of judges at the General Court so as to allow each Member…

The authority of the law: Some personal reflections on the internal market and European integration

Abstract: Before joining the General Court in 2010, I had the pleasure of working in the Brussels office of a well-reputed Belgo-Dutch law firm As any international firm combining people of various origins, generations and social background, it had its internal tensions As one could expect, the relations between the Dutch and the Belgians were not always perfect Neither were the relations between the Dutch speakers and the French speaking colleagues always harmonious Even so, it was (and still is) an enjoyable and successful firm With hindsight, I see two important factors that contributed to overcoming internal frictions The first factor was explained to me by the then office manager of the firm In his view, and now also mine, human conflicts often arise because of perceptions, which do not necessarily coincide with objective facts and true intentions The stronger emotions are, the wider this gap tends to become Lifting the veil of perceptions, therefore, helps to avoid and solve conflicts The second factor that contributed to the firm’s success was a sense of common purpose There were no fundamental doubts about the objectives pursued by the partnership: offering a good service and being paid accordingly Readers may wonder what these personal recollections have to do with the internal market project and European integration Now, the answers to this question relate to the two factors mentioned above: the contrast between perceptions and reality and the absence of uncertainties as to the objectives pursued

European antitrust policy 1957–2004 : an analysis of commission decisions

Abstract: This paper provides a survey of European antitrust law enforcement since its foundation in the Treaty of Rome of 1957 up to and including 2004. We present a complete overview and statistical analysis of all 538 formal Commission decisions under Articles 81, 82, and 86 of the European Community Treaty. We report a range of summary statistics concerning report route, investigation duration, length of the decision, decision type, imposed fines, number of parties, sector classification, nationality, and Commissioner and Director General responsible. The statistics are linked to changes in legislation and administrative implementation, thereby providing an historical overview that summarizes the Commission’s work in the area of antitrust. One or more appeals were filed with respect to 161 of the 538 decisions. We estimate the determinants of the size of the imposed fine and probability of appeal when an infringement has been found.

European antitrust policy 1957-2004: An analysis of Commission decisions

Abstract: This paper provides a survey of European antitrust law enforcement since its foundation in the Treaty of Rome of 1957 up to and including 2004. We present a complete overview and statistical analysis of all 538 formal Commission decisions under Articles 81, 82, and 86 of the European Community Treaty. We report a range of summary statistics concerning report route, investigation duration, length of the decision, decision type, imposed fines, number of parties, sector classification, nationality, and Commissioner and Director General responsible. The statistics are linked to changes in legislation and administrative implementation, thereby providing an historical overview that summarizes the Commission’s work in the area of antitrust. One or more appeals were filed with respect to 161 of the 538 decisions. We estimate the determinants of the size of the imposed fine and probability of appeal when an infringement has been found.

Cartel Overcharges and Optimal Cartel Fines

Abstract: This Article examines whether the current penalties in the United States Sentencing Guidelines are set at the appropriate levels to deter illegal price fixing cartels optimally. The authors analyze two data sets to determine how high on average cartels raise prices. The first consists of every published scholarly economic study of the effects of cartels on prices in individual cases. The second consists of every final verdict in a U.S. antitrust case in which a neutral finder of fact reported collusive overcharges. They report average overcharges of 49% and 31% for the two data sets, and median overcharges of 25% and 22%. They also report separate results for domestic cartels, international cartels, more recent cartels, and bid‑rigging. The authors conclude that the current Sentencing Commission presumption that cartels overcharge on average by 10% is much too low, and that principles of optimal deterrence indicate that current levels of cartel penalties should be increased significantly. The Sentencing Commission should consider raising the presumption to 15% for domestic cartels and 25% for international cartels. Alternatively, if the policymakers decide this distinction is unwise, a 20% overall presumption would be appropriate. This is a conservative and modest proposal in light of this article's results.

European Commission Decisions on Competition: Economic Perspectives on Landmark Antitrust and Merger Cases

Abstract: List of figures Acknowledgements Table of legislation Table of equivalences List of abbreviations 1. Introduction 2. Horizontal constraints 3. Abuse of dominance 4. Licensing 5. Vertical restrictions 6. Joint ventures and alliances 7. Decisions addressed to Member States pursuant to Article 106 FEU Treaty 8. Mergers and acquisitions Annex: 1. Decisions related to procedural issues 2. Table of landmark decisions described in the book 3. Table of mergers blocked by the European Commission 4. Table of merger decisions described in the book in alphabetical order 5. Table of all European Commission decisions on antitrust in alphabetical order Bibliography Index.