Access And Cartel Cases
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Access And Cartel Cases
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Author : Helene Andersson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
Access And Cartel Cases written by Helene Andersson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Data Room Practices In Competition Law
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Author : Gonenc Gurkaynak
language : en
Publisher:
Release Date : 2018
Data Room Practices In Competition Law written by Gonenc Gurkaynak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
In order to fully execute rights of defense, parties within a cartel investigation should be allowed to see the extent of the investigation file in an open and transparent manner, subject to the limit that the confidential information of undertakings must be respected and their confidentiality must be protected. On that note, data room procedure has emerged as an efficient and useful procedural tool within the European Union competition law regime. The data room procedure in the EU is made available to the undertakings in a cartel investigation under definite rules and regulations. However, there is no clear legislation in Turkey on this end. Against this background, this article examines the details of the data room practices in correlation with the rights of defense and the right to access to file and brings about suggestions on how to better the practice in the Turkish jurisdiction, by the utilization of clear-cut secondary legislation and thus creating legal predictability. This way, as Franz Kafka puts it, as the proceedings gradually merge into the judgment, undertakings have a better chance to fend for themselves and the antitrust enforcers will be in a position to protect the interests of every party involved whilst abiding the principle of good administration.
Access And Cartel Cases
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Author : Helene Andersson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
Access And Cartel Cases written by Helene Andersson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
Eu Competition Law
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Author : Gianluca Faella
language : en
Publisher: Claeys & Casteels Pub
Release Date : 2012
Eu Competition Law written by Gianluca Faella and has been published by Claeys & Casteels Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
In the EU, there is an important reason to fight cartels, related to the political objective of market integration pursued by Community institutions. International cartels can seriously undermine the efforts to create a truly integrated European market. With over 1,200 pages of text, analysis, and annexes for easy reference, this second edition provides a unique insight of Europe's leading experts on how to deal with cartel cases in practice before both the European Commission and European courts. Contents include: the concept of an agreement, decision, or concerted practice * price fixing * market sharing * output limitation * information exchange * effect on trade between Member States cartel procedures before the Commission and the European courts * fact-finding by the Commission in cartel cases * access to file * replying to the statement of objections and the oral hearing * leniency * remedies and fines * judicial review (Series: EU Competition Law)
Landmark Cases In Competition Law
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Author : Barry Rodger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-12-01
Landmark Cases In Competition Law written by Barry Rodger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-01 with Law categories.
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Access To Documents For Cartel Victims And Cartel Members Is The System Coherent
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Author : Bjorn Lundqvist
language : en
Publisher:
Release Date : 2017
Access To Documents For Cartel Victims And Cartel Members Is The System Coherent written by Bjorn Lundqvist and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
In this paper we analyse the right to access documents for cartel victims and cartel members. We start with an analysis of the case law from the European Court of Justice and the General Court. The effects of the new Private Enforcement Directive will thereafter be scrutinized. These two sub-chapters are divided so that we analyse the requestors: (i) individuals or (ii) national courts, and the recipients of these requests: (iii) potential or real defendants, (iv) national competition authorities, or (v) the European Commission, separately. Different legal systems are triggered depending on who makes a request and who is the receiver of such a request, and the potential success of obtaining the documents varies considerably. Thereafter, we discuss the rights to the defence and access to documents while being subject to a cartel investigation by the Commission. Our finding is that different legal systems are triggered depending on who makes a request and who is the receiver of such a request, and the potential success of obtaining the documents varies considerably. In fact, the system is not coherent. We conclude with some suggestions for the Member States on how to transpose the Directive so as to maximize private actions through granting access to documents without thereby dismantling the leniency programmes.
Fast Track Settlements In Cartel Cases And The Rights Of Defence
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Author :
language : en
Publisher:
Release Date : 2008
Fast Track Settlements In Cartel Cases And The Rights Of Defence written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Due Process And Fair Trial In Eu Competition Law
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Author : Cristina Teleki
language : en
Publisher: BRILL
Release Date : 2021-05-17
Due Process And Fair Trial In Eu Competition Law written by Cristina Teleki and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-17 with Business & Economics categories.
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Buyer Power With Access To An Outside Market
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Author : Matias Pietola
language : en
Publisher:
Release Date : 2014
Buyer Power With Access To An Outside Market written by Matias Pietola and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
European Cartel Digest
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Author : Ewoud Sakkers
language : en
Publisher:
Release Date : 2008
European Cartel Digest written by Ewoud Sakkers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.