Author: Publisher:
ISBN: 9788363962869
Category :
Languages : en
Pages : 431
Book Description
Right to Defence in EU Competition Law: the Case of Inspections
Author: Right to Defence in EU Competition Law: the Case of Inspections
Author: EU Competition Enforcement and Human Rights
Author: A. AndreangeliPublisher: Edward Elgar Publishing
ISBN: 184844267X
Category : Political Science
Languages : en
Pages : 297
Book Description
. . . 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.
An Evaluation of the Rights of Defense During Antitrust Inspections in the Light of the Case Law of the ECtHR
Author: Charlotte LeskinenStrict Liability Imposed by EU Law on Undertakings for Breaching the Seal During Antitrust Inspections
Author: Emanuela MateiPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Article 48 of the Charter states that 'everyone who has been charged shall be presumed innocent until proved guilty according to law' and article 27(2) of the Regulation No 1/ 2003 entitled 'Hearing of the parties, complainants and others' that the rights of defence of the parties concerned shall be fully respected in the proceedings, referring explicitly to the right to be heard on the matters to which the Commission has taken objection and the right of access to the Commission's file. Before being charged, i.e. during the inspection and before the eventual hearings, the privilege against self-incrimination and the presumption of innocence do not have any actual impact; the preservation of the rights of defence becomes fully effective only after a charge of competition law infringement has been made.
Evidence Standards in EU Competition Enforcement
Author: Andriani KalintiriPublisher: Bloomsbury Publishing
ISBN: 1509919678
Category : Law
Languages : en
Pages : 287
Book Description
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.
Due Process and Fair Trial in EU Competition Law
Author: Cristina TelekiPublisher: BRILL
ISBN: 9004447490
Category : Business & Economics
Languages : en
Pages : 392
Book Description
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
Author: Paul NihoulPublisher: Edward Elgar Publishing
ISBN: 9781785360053
Category : Antitrust law
Languages : en
Pages : 0
Book Description
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. Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future. This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law. Contributors A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipková, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichý, P. Van Cleynenbreugel, D. Zimmer
Author: Publisher: Oxford University Press
ISBN: 0198915543
Category :
Languages : en
Pages : 1345
Book Description
EU Cartel Enforcement
Author: Andreas Scordamaglia-TousisPublisher: Kluwer Law International B.V.
ISBN: 9041147616
Category : Law
Languages : en
Pages : 476
Book Description
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.