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Legal Professional Privilege in EU Competition Investigations

Legal Professional Privilege in EU Competition Investigations
Author: Etsuko Kameoka
Publisher: Edward Elgar Publishing
Total Pages: 209
Release: 2023-07-01
Genre: Law
ISBN: 1803922788

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Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.


EU Competition Enforcement and Human Rights

EU Competition Enforcement and Human Rights
Author: A. Andreangeli
Publisher: Edward Elgar Publishing
Total Pages: 297
Release: 2008-01-01
Genre: Political Science
ISBN: 184844267X

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. . . 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.


Legal Professional Privilege and the Privilege Against Self-Incrimination in EU Competition Law After the Lisbon Treaty - Is it Time for a Substantial Change?

Legal Professional Privilege and the Privilege Against Self-Incrimination in EU Competition Law After the Lisbon Treaty - Is it Time for a Substantial Change?
Author: Bartosz Turno
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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Is there, in the context of the recent developments related to the Lisbon Treaty, a need for substantial change with respect to the scope and application of legal professional privilege (LPP) and the privilege against self-incrimination (PASI) in competition law proceedings before the European Commission? To answer this question this article first briefly describes the current scope of LPP and PASI in EU competition law enforcement proceedings. This is followed by a presentation of the impact that the binding effect of the Charter of Fundamental Rights of the European Union (Charter) and the EU's prospective accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) may have on LPP and PASI. This analysis includes reasons why it may be necessary for the Commission and the EU Courts to reconsider the current scope of the privileges, and examines what could be considered as significant changes in this respect. In the event arguments for radical reform do not find the requisite political support, the article elaborates some nuanced improvements which could be implemented.


The Development of General Principles for EU Competition Law Enforcement - The Protection of Legal Professional Privilege

The Development of General Principles for EU Competition Law Enforcement - The Protection of Legal Professional Privilege
Author: Michael J. Frese
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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This papers discusses the scope of the EU principle of legal professional privilege ('LPP') and the mechanisms for bottom-up integration. LPP refers to the confidential nature of certain written communications between lawyer and client. Bottom-up integration is the process whereby domestic legal principles are elevated to EU legal principles. The recent Akzo Nobel judgment of the European Court of Justice revisits the principle of LPP and clarifies the conditions for bottom-up integration.


Competition Inspections Under EU Law

Competition Inspections Under EU Law
Author: Nathalie Jalabert-Doury
Publisher:
Total Pages: 190
Release: 2020
Genre: Antitrust law
ISBN: 9781939007988

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Nathalie Jalabert-Doury presents an in-depth analysis of the legal and practical aspects of competition inspections under EU law to provide lawyers with a clear understanding of the procedures involved and steps to be taken.


Competition Law of the European Union

Competition Law of the European Union
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
Total Pages: 1618
Release: 2021-03-01
Genre: Law
ISBN: 9041154051

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This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.


Ne Bis in Idem in EU Law

Ne Bis in Idem in EU Law
Author: Bas van Bockel
Publisher: Cambridge University Press
Total Pages: 263
Release: 2016-11-10
Genre: Law
ISBN: 1316720659

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Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.


Privilege

Privilege
Author: Colin Passmore
Publisher: Xpl Pub
Total Pages: 532
Release: 2006-01-01
Genre: Law
ISBN: 9781858113616

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Privilege is an area of professional practice of growing interest and concern for many lawyers. This book examines both forms of privilege, in a detailed and analytical manner.


Competition Law and Policy in Japan and the EU

Competition Law and Policy in Japan and the EU
Author: Etsuko Kameoka
Publisher: Edward Elgar Publishing
Total Pages: 231
Release: 2014-01-31
Genre: Law
ISBN: 1781000565

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This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two j


European Union Human Rights Law

European Union Human Rights Law
Author: Marton Varju
Publisher: Edward Elgar Publishing
Total Pages: 297
Release: 2014-03-28
Genre: Law
ISBN: 1781951748

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The European Union�s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This in