Due Process in EU Competition Proceedings
Title | Due Process in EU Competition Proceedings PDF eBook |
Author | Marek Martyniszyn |
Publisher | |
Pages | 0 |
Release | 2019 |
Genre | |
ISBN |
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.
Due Process in EU Competition Proceedings
Title | Due Process in EU Competition Proceedings PDF eBook |
Author | Ivo Van Bael |
Publisher | Kluwer Law International B.V. |
Pages | 578 |
Release | 2011-01-01 |
Genre | Law |
ISBN | 9041132724 |
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.
EU Competition Enforcement and Human Rights
Title | EU Competition Enforcement and Human Rights PDF eBook |
Author | A. Andreangeli |
Publisher | Edward Elgar Publishing |
Pages | 297 |
Release | 2008-01-01 |
Genre | Political Science |
ISBN | 184844267X |
. . . 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.
Due Process and Fair Trial in EU Competition Law
Title | Due Process and Fair Trial in EU Competition Law PDF eBook |
Author | Cristina Teleki |
Publisher | BRILL |
Pages | 392 |
Release | 2021-05-17 |
Genre | Business & Economics |
ISBN | 9004447490 |
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
Title | Procedural Fairness in Competition Proceedings PDF eBook |
Author | Paul Nihoul |
Publisher | Edward Elgar Publishing |
Pages | 389 |
Release | 2015-09-25 |
Genre | Law |
ISBN | 178536006X |
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.
Remedies in EU Competition Law
Title | Remedies in EU Competition Law PDF eBook |
Author | Damien Gerard |
Publisher | Kluwer Law International B.V. |
Pages | 347 |
Release | 2020-07-10 |
Genre | Law |
ISBN | 9403522445 |
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
The Shaping of EU Competition Law
Title | The Shaping of EU Competition Law PDF eBook |
Author | Pablo Ibáñez Colomo |
Publisher | Cambridge University Press |
Pages | 389 |
Release | 2018-07-12 |
Genre | Law |
ISBN | 1108661858 |
Based on a unique and comprehensive database, The Shaping of EU Competition Law combines qualitative and quantitative approaches to shed light on the evolution of EU competition law. It brings a new perspective to some of the most topical issues in the field including due process and the intensity of judicial review. The author's main purpose is to examine how the institutional structure influences the substance of EU competition law provisions. He seeks to identify patterns in the behaviour of the European Commission and the EU Courts and how they interact with each other. In particular, his analysis considers how the European Commission reacts to the case law and whether, and in what instances, the EU courts defer to the analysis of the administrative authority. The analysis is supported by the database and an unprecedented array of statistics and figures free to view online.