OF COMPETITION LAWYERS
is part of a study on the effectiveness of competition
law that the Directorate General for Economic and Financial
Affairs of the European Commission has commissioned
contains a number of questions on the enforcement of
competition legislation in the jurisdiction
where you practice and on your perception about
its effectiveness. It takes less than 15 minutes to
reply to the whole questionnaire.
cover the period from 2000-2007. If your experience
in advising firms on antitrust matters as a private
practitioner is more limited, please refer only to this
questions refer only to the enforcement of all the competition
legislations that apply in the jurisdiction where you
practice. For example in EU countries it refers both
European legislation and to the national legislation
of the Member
in the US it refers
to the national and federal legislation.
ask for your judgement on how competition legislation(s)
is enforced in your jurisdiction. If more than one body
is responsible for the enforcement of
this legislation, or parts of it, please give
your view on their overall effectiveness.
questions we refer to overall results of the proceeding
for the investigated firm, in this case we refer to
the final outcome of the case, which may entail an appeal
at a judicial court.
which do not represent a competition law infringement,
are treated separately. There are two questions only
on this topic at the end of the questionnaire.
note that if you advise clients in more than one jurisdiction,
you should limit your answer to the jurisdiction where
you operate the most,
or you could answer the questionnaire more than once,
each time focusing only on one jurisdiction.
you advise clients in one of the EU member states, and
you work both on cases decided by the national competition
authority and on cases decided by the European Commission
have to select as your jurisdiction either that country
or the EU. Hence, if you are a lawyer that works in
Italy and follow
cases that are decided in Bruxelles, you have to decide
whether your jurisdiction is Italy or the EU. In the
former case your answer should refer only to the activity
of the Italian National Competition Authority (i.e.
AGCM), while in the latter only to the activity of the
European Commission. If you have sufficient experience
in both jurisdictions we
would appreciate if you could answer the questionnaire
one for your national jurisdiction and one for the EU
like to highlight again that your response will be treated
with the outmost confidentiality. Not even the European
Commission will see the answers to individual questionnaires.
The European Commission will only be provided with the
consolidated data, that summarises all the responses
and does not allow to trace the individual respondents.
The report that will contain the result of this study
will also include only the consolidated data, from which
it will be impossible to identify the individual respondents.
on how to fill in the questions
of the questions ask for your evaluation of the probability
that certain events take place. You should base your
response on your experience.
read carefully the instructions before responding to
each question, because in some cases you are asked to
tick the relevant box or boxes while in other you are
asked to rank the answers or to provide a figure.
- If you
are asked to tick the relevant answers and more than
one option applies, please tick all the relevant boxes.
the question asked or the options given are not relevant
to your jurisdiction please select the option Not Applicable,
do not leave any closed question unanswered.
of a dominant position
refers to the same infringement as an attempt to monopolise
refers to all those horizontal agreements that involve
price-fixing, bid rigging or market-sharing.
anti-competitive agreements refer to all those
horizontal and vertical agreements, other than hard
core-cartels, which are considered as unlawful by the
competition legislation in your jurisdiction.
refers to the situation where an enforcement body decides
to investigate in-depth a potential infringement of
the competition legislation. Only a formal investigation
can lead to the conviction of the firms involved in
refers to those bodies responsible for enforcing the
competition legislation, where by enforcing we mean
investigating potential infringements and, when relevant,
imposing sanctions. In some jurisdictions there may
be more than one body, either because there are different
layers of legislation (e.g. national and federal in
the US) or because
they enforce different parts of the legislation (e.g.
the OFT and the Competition Commission in the UK).
answering the questionnaire click here.
to click on the "submit" button once you have
completed the questionnaire!
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