EU Competition Law Volume VIII, European Competition Law and Fundamental Rights PDF Download

Author: Fransicso Enrique Gonzalez Diaz
Publisher:
ISBN: 9789077644348
Category :
Languages : en
Pages : 0

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Book Description
Due to the imminent accession by the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it has become ever-more important to ensure that both the procedures, as well as the substantive application of European competition law by the European Commission and the EU Courts, are consistent with the protection of fundamental rights set out therein. This book will provide a unique insight into the possible main friction points between European competition law enforcement and the protection of fundamental rights, as well as an in-depth analysis of the key challenges lying ahead, in light of the case law of the EU Courts and of the European Court of Human Rights.

Author: A. Andreangeli
Publisher: Edward Elgar Publishing
ISBN: 184844267X
Category : Political Science
Languages : en
Pages : 297

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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.

Author: Walter Frenz
Publisher: Springer
ISBN: 3662485931
Category : Law
Languages : en
Pages : 1518

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Book Description
This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

Author: Cristina Teleki
Publisher: BRILL
ISBN: 9004447490
Category : Business & Economics
Languages : en
Pages : 392

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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.

Author: Anne-Marie Van den Bossche
Publisher: Uitgeverij Larcier
ISBN: 2804485617
Category : Law
Languages : en
Pages : 2783

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Book Description
One risks to drown in the flood of ever more regulatory texts, judgments, books and articles on European competition law. The Sourcebook on EU Competition Law brings some order to this subject. It combines the advantages of a practical one-volume overview of the law as it stands with an extensive bibliography which puts the reader on the right track towards in-depth research. The Sourcebook on EU Competition Law offers: (a) a full-text collection of EU documents on competition law: core Articles of the post-Lisbon Treaties, relevant Protocols, secondary legislation, Commission notices and communications; (b) excerpts of relevant judgments of the General Court and the European Court of Justice; (c) an extensive bibliography with books, articles and overviews of case law in several EU languages; and (d) notification forms, brought together in a separate section for easy reference. The Sourcebook on EU Competition Law covers all areas of competition law: restrictive practices, abuse of dominant position, merger control, state aid and services of general economic interest. The book’s structure allows the reader to distinguish easily between the essential provisions and the implementing measures.

Author: Pál Szilágyi
Publisher: Createspace Independent Publishing Platform
ISBN: 9781500364380
Category : Law
Languages : en
Pages : 338

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Book Description
The book is a short review of recent developments in the interaction of fundamental rights and EU competition law. The European Union courts adopted a view where they try to reconcile old case law and recent developments under the European Convention of Human Rights. The result is, however unsatisfactory and ambiguous. In competition policy the commentators often call for an effects based approach. In the author's view, this is what also happened in this field, namely, that fundamental rights considerations are assessed from a perspective, whether the outcome of the case would such that the European Commission can preserve the margin of appreciation it has, without a full review control as understood in the ECtHR case law.

Author: Peter J Oliver
Publisher: Hart Publishing
ISBN: 9781841136899
Category : Law
Languages : en
Pages : 208

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Book Description
This volume fills a major gap in the literature on fundamental rights: the existing European works are confined almost exclusively to EU competition law, and there is a dearth of secondary sources on the fundamental rights of companies under EU law and the European Convention on Human Rights more generally, despite the rich and relentless flow of rulings from both the Luxembourg and the Strasbourg courts. This book covers all the principle substantive rights such as property, privacy and freedom of speech, as well as various procedural rights (eg the right to a fair trial, double jeopardy and the privilege against self-incrimination). Not only does this volume provide comprehensive coverage of this increasingly important case law, but it also examines the relevant US authorities in great depth; and the comparison with European law often leads to surprising results. International law is also covered at length, while English law serves as the main point of reference on numerous issues. Despite the wealth of detail, the author has ensured that the coverage of this broad and varied subject is sufficiently succinct to enable the reader to gain an overall view. He has not merely described the law as it stands, but also proposes an overall approach. This work is aimed at practitioners and academics alike.

Author: Ulf Bernitz
Publisher: Kluwer Law International
ISBN: 9789403511658
Category : Information technology
Languages : en
Pages : 0

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Book Description
General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.

Author: Philip Alston
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.

Author: Kiran Klaus Patel
Publisher:
ISBN: 9780191748578
Category : Antitrust law
Languages : en
Pages : 239

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Book Description
A critical examination of the establishment and evolution of European competition law and policy, this volume unveils the history of European economic, and political, integration through a study of the foundations and development of its antitrust law.