Enforcing European Competition Law Through Leniency Programmes In The Light Of Fundamental Rights
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Enforcing European Competition Law Through Leniency Programmes In The Light Of Fundamental Rights
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Author : Emma Salemme
language : en
Publisher:
Release Date : 2019
Enforcing European Competition Law Through Leniency Programmes In The Light Of Fundamental Rights written by Emma Salemme and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Antitrust law categories.
"The entry into force of the Lisbon Treaty has increased the importance of fundamental rights, attributing the same legal value to the CFR as the EU treaties, and opening up the possibility of the EU's accession to the ECHR. In this context, this book analyses whether the current level of fundamental rights protection in leniency procedures falls within the parameters of accepted ECHR standards. This book demonstrates that the leniency procedure is not fully compatible with fundamental rights and general principles, and proposes a new programme, which can reconcile the public interest in an effective and efficient leniency programme with the protection of the fundamental rights of the parties involved in the procedure."--
The Eu Leniency Policy
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Author : Baskaran Balasingham
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
The Eu Leniency Policy written by Baskaran Balasingham 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 2016-04-24 with Law categories.
The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
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.
Leniency In Asian Competition Law
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Author : Steven Van Uytsel
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-22
Leniency In Asian Competition Law written by Steven Van Uytsel 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 2022-09-22 with Law categories.
In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across three different dimensions: the revision of early adopted leniency programmes, the introduction of newly written leniency programmes, and the decision – deliberate or otherwise – not to create a leniency programme. This volume is the first to analyse the empirical evidence across a number of countries to determine how effective these measures have been, and how they have been amended in response to problems encountered. In this volume, local experts from key Asian jurisdictions, together with international experts, offer an introduction to this fast-developing field, and explore the theoretical, international and regulatory contexts of leniency programmes.
Regulation 1 2003 And Eu Antitrust Enforcement
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Author : Luca Prete
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-22
Regulation 1 2003 And Eu Antitrust Enforcement written by Luca Prete 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 2022-11-22 with Law categories.
For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
Evidence Standards In Eu Competition Enforcement
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Author : Andriani Kalintiri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-02-07
Evidence Standards In Eu Competition Enforcement written by Andriani Kalintiri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-07 with Law categories.
What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
The Shaping Of Eu Competition Law
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Author : Pablo Ibez Colomo
language : en
Publisher: Cambridge University Press
Release Date : 2018-07-12
The Shaping Of Eu Competition Law written by Pablo Ibez Colomo 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 2018-07-12 with Law categories.
A ground breaking study of how the interaction between the European Commission and the EU Courts has shaped EU competition law.
Parental Liability In Eu Competition Law
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Author : Peter Whelan
language : en
Publisher: Oxford University Press
Release Date : 2023-08-25
Parental Liability In Eu Competition Law written by Peter Whelan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Law categories.
In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
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.
Hard Core Cartels Recent Progress And Challenges Ahead
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2003-05-27
Hard Core Cartels Recent Progress And Challenges Ahead written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-27 with categories.
This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.