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Procedural Fairness in Competition Proceedings by Paul Nihoul,Tadeusz Skoczny Pdf
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.
Conceptualising Procedural Fairness in EU Competition Law by Haukur Logi Karlsson Pdf
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 : D. Daniel Sokol,Andrew T. Guzman Publisher : Oxford University Press, USA Page : 0 pages File Size : 47,5 Mb Release : 2019 Category : Law ISBN : 0198815425
Antitrust Procedural Fairness by D. Daniel Sokol,Andrew T. Guzman Pdf
This book is a comparative reference on procedural fairness in global antitrust. It focuses on procedure at each stage of antitrust enforcement and considers how a lack of procedural fairness impairs competition law and policy, the benefits of embracing it, the case for establishing global best practices, and how this might be achieved.
The Procedural Aspects of the Application of Competition Law by Csongor István Nagy Pdf
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
Competition Law Enforcement in the BRICS and in Developing Countries by Frederic Jenny,Yannis Katsoulacos Pdf
This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.
The EU Leniency Policy by Baskaran Balasingham Pdf
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.
Concurrent Proceedings in Competition Law. Procedure, Evidence and Remedies by Renato Nazzini Pdf
The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to the interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.
This third edition fully updates the work to reflect recent legislative developments and a wealth of recent case law, in particular in relation to merger control and state aid. Consideration is given as to how EC Regulation 1/2003 (antitrust rules) have been applied and reviews their enforcement. Coverage also includes discussion of the fining practice of the European Commission and the judicial review of this practice by the Community Courts. There is also a new Part dedicated to the procedural aspects of arbitration as an efficient alternative means of dispute resolution in the private enforcement of EU competition law claims. As a practical guide to procedure, focusing on the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts, this is an indispensable resource for all practitioners involved in competition proceedings before the European Commission and national competition authorities--Provided by Publisher.
Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf
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.
Conceptualising Procedural Fairness in EU Competition Law by Haukur Logi Karlsson Pdf
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.
EU Competition Enforcement and Human Rights by A. Andreangeli Pdf
. . . 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.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 42,7 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Global Limits of Competition Law by D. Daniel Sokol,Ioannis Lianos Pdf
Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Fairness in EU Competition Policy : Significance and Implications by Damien Gerard,Assimakis Komninos,Denis Waelbroeck Pdf
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.
