Due Process And Fair Trial In Eu Competition Law PDF Download
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| 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 | : Ivo Van Bael |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 578 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 9041132724 |
Download Due Process in EU Competition Proceedings Book in PDF, ePub and Kindle
The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings.
| 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 | : 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 | : 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 | : Marek Martyniszyn |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Download Due Process in EU Competition Proceedings Book in PDF, ePub and Kindle
This chapter analyses the competition law procedures in the EU through a more general lens of the four features of due process identified as key by the FTC's Chairwoman Edith Ramirez. The discussion focuses on procedures applicable in antitrust cases, although various procedural features are largely common to the area of antitrust and mergers.Part I of this chapter deals with the question of legal representation. Part II outlines the rules and practices concerning the parties' awareness of the charges they faces and the evidence against them. With respect to these two features of due process, the EU competition law procedures are overall very progressive and can serve as a basis of good practices. The remaining discussion turns to issues in relation to which the EU competition procedures face considerable criticism. In particular, Part III presents the scope for engagement between the parties, the case teams, and final decision-makers. Part IV examines the existing checks and balances in the EU competition procedures. The conclusion notes the Commission's awareness of the critique of its procedures and the actions it undertook in response. It is acknowledged that considerable scope for improvement remains.
| Author | : Csongor István Nagy |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : 86.70 competition law |
| ISBN | : 9789089521873 |
Download The Procedural Aspects of the Application of Competition Law Book in PDF, ePub and Kindle
Between Menarini and Delta Pekarny. Strasbourg view on intensity of judicial review in competition laws / Maciej Bernatt -- Fair trial in competition matters: the European Ombudsman's perspective / Réka Friedery -- Due process in EU Commission competition law proceedings. what lessons (not) to learn for structuring the rights of defense at the national level? / Pieter Van Cleynenbreugel -- Procedural fairness in the European Commission's competition procedure. recent case-law on the ECJ's review of inspections / Mónika Papp -- The Procedural aspects of the application of competition law. consumers' participation in competition law procedures / Katalin Cseres -- Private antitrust enforcement and private international law. recent developments / Mihail Danov -- Criminal antitrust enforcement and procedural fairness. a critical analysis / Peter Whelan -- Administrative (competition) procedure and judicial review in Serbia / Dragan Gajin & Zoltan Vig -- Administrative competition procedure and judicial review in the Czech Republic / Michal Petr -- Administrative competition procedure and judicial review in Hungary / Csongor István Nagy -- Administrative competition procedure and judicial review in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Krasnodębska-Tomkiel & Grzegorz Materna -- Administrative competition procedure and judicial review in Romania / Adriana Almăşan -- Administrative competition procedure and judicial review in the Slovak Republic / Ondrej Blažo -- The legal consequences of breaching competition rules in the Czech Republic / Michal Petr -- The legal consequences of breaching competition rules in Hungary / Csongor István Nagy -- The legal consequences of breaching competition rules in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Król-Bogomilska & Anna Zientara -- The legal consequences of breaching competition rules in Romania / Emőd Veress -- The legal consequences of breaching competition rules in the Slovak Republic / Ondre
| 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 | : Bas van Bockel |
| Publisher | : Cambridge University Press |
| Total Pages | : 263 |
| Release | : 2016-11-10 |
| Genre | : Law |
| ISBN | : 1316720659 |
Download Ne Bis in Idem in EU Law Book in PDF, ePub and Kindle
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.
| Author | : Fernando Castillo de la Torre |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 392 |
| Release | : 2017-03-31 |
| Genre | : Law |
| ISBN | : 1782548904 |
Download Evidence, Proof and Judicial Review in EU Competition Law Book in PDF, ePub and Kindle
Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.
