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2020 ECPR Winter School in Methods & Techniques

Increasing Legal Mobilisation in the Field of EU Competition Policy: From Procedural Autonomy to “Soft” Codification”

Sara Drake
Cardiff University
Sara Drake
Cardiff University

This paper seeks to examine the European Commission’s current drive to increase litigation and legal mobilization in the field of EU competition policy by shifting from a judicial approach dependent on the case law of the Court of Justice of the European Union to the introduction of hard and soft law measures. Using this process of reform as a case study, this paper presents three regulatory models seeks to assess which pattern of regulation is likely to be the most successful for the individual litigant. It suggests that the same tensions arise whether a judicial or regulatory approach is adopted, and attempts to draw some key lessons for legal mobilization in other EU policy fields.
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