Criminal Law Principles And The Enforcement Of Eu And National Competition Law

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Criminal Law Principles and the Enforcement of EU and National Competition Law

Marc Veenbrink
Criminal Law Principles and the Enforcement of EU and National Competition Law Book PDF

Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
Page : 506 pages
File Size : 46,7 Mb
Release : 2019-11-20
Category : Law
ISBN : 9789403514413

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Criminal Law Principles and the Enforcement of EU and National Competition Law by Marc Veenbrink Pdf

Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

EU Criminal Law and Policy

Joanna Beata Banach-Gutierrez,Christopher Harding
EU Criminal Law and Policy Book PDF

Author : Joanna Beata Banach-Gutierrez,Christopher Harding
Publisher : Routledge
Page : 261 pages
File Size : 44,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781317427612

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EU Criminal Law and Policy by Joanna Beata Banach-Gutierrez,Christopher Harding Pdf

The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.

EU Law Enforcement

Stefano Montaldo,Francesco Costamagna,Alberto Miglio
EU Law Enforcement Book PDF

Author : Stefano Montaldo,Francesco Costamagna,Alberto Miglio
Publisher : Routledge
Page : 511 pages
File Size : 47,7 Mb
Release : 2021-02-22
Category : Law
ISBN : 9780429582776

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EU Law Enforcement by Stefano Montaldo,Francesco Costamagna,Alberto Miglio Pdf

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Competition Law in the EU

Johan W. van de Gronden
Competition Law in the EU Book PDF

Author : Johan W. van de Gronden
Publisher : Edward Elgar Publishing
Page : 500 pages
File Size : 48,7 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781788974752

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Competition Law in the EU by Johan W. van de Gronden Pdf

This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

Sanctions in EU Competition Law

Michael Frese
Sanctions in EU Competition Law Book PDF

Author : Michael Frese
Publisher : Bloomsbury Publishing
Page : 454 pages
File Size : 51,9 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253822

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Sanctions in EU Competition Law by Michael Frese Pdf

In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the European Commission. More recently the enforcement of EU competition law has become less centralised - many would say even decentralised. In 2004, essentially in an effort to increase enforcement capacity in the wake of EU enlargement, the involvement of Member State competition authorities was significantly reinforced by national authorities being given power to pursue infringements of EU competition law largely on the basis of their domestic enforcement regimes. This combination of decentralisation and enforcement autonomy raises questions about the relationship between EU law and national law, as well as about the costs of enforcement. This new book links these questions by analysing how competences in the area of sanctions are distributed between EU and national law, and how this influences the costs of enforcement. The author's conclusions, which highlight the economic implications of the choices made by competition authorities, courts and legislators, will be of use to all the above in further developing EU competition policy. The PhD thesis on which this book is based was declared runner-up in the 2013 Concurrences Awards.

The Ne Bis in Idem Principle in EU Law

Bas van Bockel
The Ne Bis in Idem Principle in EU Law Book PDF

Author : Bas van Bockel
Publisher : Kluwer Law International B.V.
Page : 289 pages
File Size : 43,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131560

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The Ne Bis in Idem Principle in EU Law by Bas van Bockel Pdf

The legal principle of ne bis in idem restricts the possibility of a defendant being prosecuted repeatedly on the basis of the same offence, act, or facts. This book describes obstacles that stand in the way of a single, autonomous, and uniformly applicable general ne bis in idem principle of EU law.

Public and Private Enforcement of Competition Law in Europe

Kai Hüschelrath,Heike Schweitzer
Public and Private Enforcement of Competition Law in Europe Book PDF

Author : Kai Hüschelrath,Heike Schweitzer
Publisher : Springer
Page : 278 pages
File Size : 51,7 Mb
Release : 2014-08-01
Category : Business & Economics
ISBN : 9783662439753

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Public and Private Enforcement of Competition Law in Europe by Kai Hüschelrath,Heike Schweitzer Pdf

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Boosting the Enforcement of EU Competition Law at the Domestic Level

Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink
Boosting the Enforcement of EU Competition Law at the Domestic Level Book PDF

Author : Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink
Publisher : Cambridge Scholars Publishing
Page : 205 pages
File Size : 54,9 Mb
Release : 2017-05-11
Category : Law
ISBN : 9781443891493

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Boosting the Enforcement of EU Competition Law at the Domestic Level by Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink Pdf

The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.

Competition Law Sanctioning in the European Union

Gerhard Dannecker,Oswald Jansen
Competition Law Sanctioning in the European Union Book PDF

Author : Gerhard Dannecker,Oswald Jansen
Publisher : Kluwer Law International B.V.
Page : 6 pages
File Size : 49,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041121004

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Competition Law Sanctioning in the European Union by Gerhard Dannecker,Oswald Jansen Pdf

As of May 2004, national competition authorities in EU Member States are empowered to enforce sanctions on infringement of the competition rules laid down in Articles 81 and 82 EC Treaty. This book offers thorough reports by local practitioners or academics on twelve national competition law systems within the EU and focuses on sanctioning law. It includes detailed information on sanctioning under both criminal and administrative law at the national as well as the EC level, with expert analysis of the criminal law and administrative law priciples to be applied. It also features contributions on themes such as fining policy, leniency, investigatory powers, mutual assistance in administrative and criminal matters in relation to the cooperation between national competition authorities, and Swiss competition law.

Ne Bis in Idem in EU Law

Bas van Bockel
Ne Bis in Idem in EU Law Book PDF

Author : Bas van Bockel
Publisher : Cambridge University Press
Page : 263 pages
File Size : 51,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781107087064

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Ne Bis in Idem in EU Law by Bas van Bockel Pdf

This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.

Evidence Standards in EU Competition Enforcement

Andriani Kalintiri
Evidence Standards in EU Competition Enforcement Book PDF

Author : Andriani Kalintiri
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 40,7 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509919673

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Evidence Standards in EU Competition Enforcement by Andriani Kalintiri Pdf

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.

The Modernisation of EU Competition Law Enforcement in the European Union

Dermot Cahill,John D. Cooke,Wouster Wils
The Modernisation of EU Competition Law Enforcement in the European Union Book PDF

Author : Dermot Cahill,John D. Cooke,Wouster Wils
Publisher : Cambridge University Press
Page : 758 pages
File Size : 43,9 Mb
Release : 2004-06-17
Category : Business & Economics
ISBN : 0521605598

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The Modernisation of EU Competition Law Enforcement in the European Union by Dermot Cahill,John D. Cooke,Wouster Wils Pdf

An international survey covering the domestic anti-trust laws of 25 EU member states.

The Enforcement of EU Competition Rules by Civil Law

Nina Bucan Gutta
The Enforcement of EU Competition Rules by Civil Law Book PDF

Author : Nina Bucan Gutta
Publisher : Maklu
Page : 336 pages
File Size : 42,5 Mb
Release : 2014-11-04
Category : Law
ISBN : 9789046606902

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The Enforcement of EU Competition Rules by Civil Law by Nina Bucan Gutta Pdf

Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.

Private Enforcement of EU Law Before National Courts

Folkert Wilman
Private Enforcement of EU Law Before National Courts Book PDF

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 49,6 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Mens Rea in EU Antitrust Law

Jan Blockx
Mens Rea in EU Antitrust Law Book PDF

Author : Jan Blockx
Publisher : Kluwer Law International B.V.
Page : 261 pages
File Size : 47,9 Mb
Release : 2020-07-09
Category : Law
ISBN : 9789403523545

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Mens Rea in EU Antitrust Law by Jan Blockx Pdf

Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.