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| Author | : Damien Gerard |
| Publisher | : Bruylant |
| Total Pages | : 167 |
| Release | : 2020-06-03 |
| Genre | : Law |
| ISBN | : 2802767186 |
Download Fairness in EU Competition Policy : Significance and Implications Book in PDF, ePub and Kindle
The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.
| Author | : College of Europe (Bruges, Belgium). Global Competition Law Centre. Annual Conference |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Restraint of trade |
| ISBN | : |
Download Fairness in EU Competition Policy Book in PDF, ePub and Kindle
| Author | : Baskaran Balasingham |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 296 |
| Release | : 2016-04-24 |
| Genre | : Law |
| ISBN | : 9041184805 |
Download The EU Leniency Policy Book in PDF, ePub and Kindle
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.
| Author | : Haukur Logi Karlsson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 192 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1509935436 |
Download Conceptualising Procedural Fairness in EU Competition Law Book in PDF, ePub and Kindle
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.
| Author | : Cristina Teleki |
| Publisher | : BRILL |
| Total Pages | : 392 |
| Release | : 2021-05-17 |
| Genre | : Business & Economics |
| ISBN | : 9004447490 |
Download Due Process and Fair Trial in EU Competition Law Book in PDF, ePub and Kindle
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 | : Paul Nihoul |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 389 |
| Release | : 2015-09-25 |
| Genre | : Law |
| ISBN | : 178536006X |
Download Procedural Fairness in Competition Proceedings Book in PDF, ePub and Kindle
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.
| Author | : Barbora Jedlicková |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 379 |
| Release | : 2016-03-25 |
| Genre | : Law |
| ISBN | : 1783477741 |
Download Resale Price Maintenance and Vertical Territorial Restrictions Book in PDF, ePub and Kindle
Theoretical discussions among competition lawyers and economists on the approach to Resale resale Price price Maintenance maintenance (RPM) and Vertical vertical Territorial territorial Restrictions restrictions (VTR) have often caused controversy. However, commentators agree that there is a lack of comprehensive study surrounding the topic. This book explores these two forms of anticompetitive conduct from legal, historical, economical, and theoretical points of view, focusing on the EU and US experiences. The author expertly goes beyond the current legal practice to explain, among other things, what approach should apply to RPM and VTR, and why RPM and VTR are introduced in situations where procompetitive theories would not make economic sense, or do not apply in practice. The book takes account of economic values, such as efficiency and welfare, as well as other values, such as freedom, fairness and free competition. Scholars and students of law will find the book’s depth of legal, economic and historical analysis to be a rich contribution to the scholarship. This book will also be of use to EU and US practitioners, and enforcers dealing with RPM and VTR cases.
| Author | : Ioannis Lianos |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 688 |
| Release | : 2013-10-31 |
| Genre | : Law |
| ISBN | : 1781006024 |
Download Handbook on European Competition Law Book in PDF, ePub and Kindle
This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
| Author | : A. Andreangeli |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 297 |
| Release | : 2008-01-01 |
| Genre | : Political Science |
| ISBN | : 184844267X |
Download EU Competition Enforcement and Human Rights Book in PDF, ePub and Kindle
. . . 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 | : Andriani Kalintiri |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 287 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 1509919678 |
Download Evidence Standards in EU Competition Enforcement Book in PDF, ePub and Kindle
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.
