Criminal Law Principles And The Enforcement Of Eu And National Competition Law
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Criminal Law Principles And The Enforcement Of Eu And National Competition Law
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Author : Marc Veenbrink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-20
Criminal Law Principles And The Enforcement Of Eu And National Competition Law written by Marc Veenbrink 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 2019-11-20 with Law categories.
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Sanctions In Eu Competition Law
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Author : Michael Frese
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Sanctions In Eu Competition Law written by Michael Frese and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement. This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The PhD thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.
Competition Law In The Eu
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Author : Johan W. van de Gronden
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Competition Law In The Eu written by Johan W. van de Gronden and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.
Eu Law Enforcement
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Author : Stefano Montaldo
language : en
Publisher: Routledge
Release Date : 2021-02-22
Eu Law Enforcement written by Stefano Montaldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
Eu Criminal Law And Policy
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Author : Joanna Beata Banach-Gutierrez
language : en
Publisher: Routledge
Release Date : 2016-07-28
Eu Criminal Law And Policy written by Joanna Beata Banach-Gutierrez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
The Ne Bis In Idem Principle In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Ne Bis In Idem Principle In Eu Law written by Bas van Bockel 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 2010-01-01 with Law categories.
The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.
The Enforcement Of Eu Competition Rules By Civil Law
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Author : Nina Bucan Gutta
language : en
Publisher: Maklu
Release Date : 2014-11-04
The Enforcement Of Eu Competition Rules By Civil Law written by Nina Bucan Gutta and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-04 with Law categories.
Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.
Boosting The Enforcement Of Eu Competition Law At The Domestic Level
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Author : Anne Looijestijn-Clearie
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2017-05-11
Boosting The Enforcement Of Eu Competition Law At The Domestic Level written by Anne Looijestijn-Clearie and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Law categories.
The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.
Ne Bis In Idem In Eu Law
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Author : Bas van Bockel
language : en
Publisher: Cambridge University Press
Release Date : 2016-11-10
Ne Bis In Idem In Eu Law written by Bas van Bockel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.
Efficiency And Justice In European Antitrust Enforcement
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Author : Wouter Wils
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-02-14
Efficiency And Justice In European Antitrust Enforcement written by Wouter Wils and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-14 with Law categories.
In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.