Due Process In Eu Competition Proceedings
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Due Process In Eu Competition Proceedings
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Author : Ivo Van Bael
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Due Process In Eu Competition Proceedings written by Ivo Van Bael 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 2011-01-01 with Law categories.
The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings.
Eu Competition Enforcement And Human Rights
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Author : A. Andreangeli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
Eu Competition Enforcement And Human Rights written by A. Andreangeli 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 2008-01-01 with Political Science categories.
. . . Arianna Andreangeli s book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book. Volker Soyez, European Competition Law Review This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective. Giacomo Di Federico, Common Market Law Review This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission s decision in the Community Courts. It further assesses how their rights to due process in competition proceedings before the European Commission comply with the notion of administrative fairness enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an EU competition court . It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court s case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.
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.
Procedural Fairness In Competition Proceedings
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Author : Paul Nihoul
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Procedural Fairness In Competition Proceedings written by Paul Nihoul 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 2015-09-25 with Law categories.
How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
Conceptualising Procedural Fairness In Eu Competition Law
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Author : Haukur Logi Karlsson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-09-17
Conceptualising Procedural Fairness In Eu Competition Law written by Haukur Logi Karlsson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-17 with Law categories.
What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.
Eu Cartel Enforcement
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Author : Andreas Scordamaglia-Tousis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-08-01
Eu Cartel Enforcement written by Andreas Scordamaglia-Tousis 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 2013-08-01 with Law categories.
There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Eu Competition Procedure
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Author : Luis Ortiz Blanco
language : en
Publisher:
Release Date : 2013
Eu Competition Procedure written by Luis Ortiz Blanco and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Competition categories.
This third edition fully updates the work to reflect recent legislative developments and a wealth of recent case law, in particular in relation to merger control and state aid. Consideration is given as to how EC Regulation 1/2003 (antitrust rules) have been applied and reviews their enforcement. Coverage also includes discussion of the fining practice of the European Commission and the judicial review of this practice by the Community Courts. There is also a new Part dedicated to the procedural aspects of arbitration as an efficient alternative means of dispute resolution in the private enforcement of EU competition law claims. As a practical guide to procedure, focusing on the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts, this is an indispensable resource for all practitioners involved in competition proceedings before the European Commission and national competition authorities--Provided by Publisher.
Handbook On European Competition Law
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Author : Ioannis Lianos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
Handbook On European Competition Law written by Ioannis Lianos 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 2013-10-31 with Law categories.
This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Remedies In Eu Competition Law
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Author : Damien Gerard
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-10
Remedies In Eu Competition Law written by Damien Gerard 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 2020-07-10 with Law categories.
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
The Procedural Aspects Of The Application Of Competition Law
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Author : Csongor István Nagy
language : en
Publisher:
Release Date : 2016
The Procedural Aspects Of The Application Of Competition Law written by Csongor István Nagy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with 86.70 competition law categories.
Between Menarini and Delta Pekarny. Strasbourg view on intensity of judicial review in competition laws / Maciej Bernatt -- Fair trial in competition matters: the European Ombudsman's perspective / Réka Friedery -- Due process in EU Commission competition law proceedings. what lessons (not) to learn for structuring the rights of defense at the national level? / Pieter Van Cleynenbreugel -- Procedural fairness in the European Commission's competition procedure. recent case-law on the ECJ's review of inspections / Mónika Papp -- The Procedural aspects of the application of competition law. consumers' participation in competition law procedures / Katalin Cseres -- Private antitrust enforcement and private international law. recent developments / Mihail Danov -- Criminal antitrust enforcement and procedural fairness. a critical analysis / Peter Whelan -- Administrative (competition) procedure and judicial review in Serbia / Dragan Gajin & Zoltan Vig -- Administrative competition procedure and judicial review in the Czech Republic / Michal Petr -- Administrative competition procedure and judicial review in Hungary / Csongor István Nagy -- Administrative competition procedure and judicial review in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Krasnodębska-Tomkiel & Grzegorz Materna -- Administrative competition procedure and judicial review in Romania / Adriana Almăşan -- Administrative competition procedure and judicial review in the Slovak Republic / Ondrej Blažo -- The legal consequences of breaching competition rules in the Czech Republic / Michal Petr -- The legal consequences of breaching competition rules in Hungary / Csongor István Nagy -- The legal consequences of breaching competition rules in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Król-Bogomilska & Anna Zientara -- The legal consequences of breaching competition rules in Romania / Emőd Veress -- The legal consequences of breaching competition rules in the Slovak Republic / Ondre