Right To Defence In Eu Competition Law The Case Of Inspections

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Due Process and Fair Trial in EU Competition Law

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 40,9 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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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.

EU Competition Law

Author : Ariel Ezrachi
Publisher : Bloomsbury Publishing
Page : 909 pages
File Size : 51,8 Mb
Release : 2024-06-27
Category : Law
ISBN : 9781509973408

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EU Competition Law by Ariel Ezrachi Pdf

'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP This unique book is designed as a working tool for the study and practice of European competition law, focused on case law analysis. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by useful analysis and commentary. The 8th edition includes recent judgments from the European Court of Justice and decisions from the European Commission on the scope of object and effects-based analysis, abuse of dominance, and merger control. It examines developments in regulation and the interface between new instruments, such as the DMA and DSA and competition law enforcement.

Access and Cartel Cases

Author : Helene Andersson
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 45,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509942503

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Access and Cartel Cases by Helene Andersson Pdf

This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.

Legitimacy in EU Cartel Control

Author : Ingeborg Simonsson
Publisher : Bloomsbury Publishing
Page : 440 pages
File Size : 53,6 Mb
Release : 2010-02-23
Category : Law
ISBN : 9781847315687

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Legitimacy in EU Cartel Control by Ingeborg Simonsson Pdf

This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

Handbook on European Competition Law

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 648 pages
File Size : 54,6 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781782546214

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Handbook on European Competition Law by Ioannis Lianos,Damien Geradin Pdf

This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

EU Competition Law

Author : Alison Jones,Brenda Sufrin
Publisher : Oxford University Press, USA
Page : 1377 pages
File Size : 51,6 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199572731

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EU Competition Law by Alison Jones,Brenda Sufrin Pdf

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Evidence, Proof and Judicial Review in EU Competition Law

Author : Fernando Castillo de la Torre,Eric Gippini Fournier
Publisher : Edward Elgar Publishing
Page : 535 pages
File Size : 43,5 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781839108686

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Evidence, Proof and Judicial Review in EU Competition Law by Fernando Castillo de la Torre,Eric Gippini Fournier Pdf

In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic 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.

Constitutionalising the EU Judicial System

Author : Pascal Cardonnel,Allan Rosas,Nils Wahl
Publisher : Bloomsbury Publishing
Page : 536 pages
File Size : 47,5 Mb
Release : 2012-08-20
Category : Law
ISBN : 9781847319920

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Constitutionalising the EU Judicial System by Pascal Cardonnel,Allan Rosas,Nils Wahl Pdf

These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.

Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings

Author : Themistoklis K. Giannakopoulos
Publisher : Kluwer Law International B.V.
Page : 666 pages
File Size : 55,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134042

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Safeguarding Companies' Rights in Competition and Anti-dumping/anti-subsidies Proceedings by Themistoklis K. Giannakopoulos Pdf

Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

Due Process in EU Competition Proceedings

Author : Ivo Van Bael
Publisher : Kluwer Law International B.V.
Page : 578 pages
File Size : 49,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041132727

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Due Process in EU Competition Proceedings by Ivo Van Bael Pdf

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.

European Union Law

Author : Damian Chalmers,Gareth Davies,Giorgio Monti
Publisher : Cambridge University Press
Page : 1209 pages
File Size : 55,9 Mb
Release : 2010-06-24
Category : Law
ISBN : 9781139487887

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European Union Law by Damian Chalmers,Gareth Davies,Giorgio Monti Pdf

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Dawn Raids Under Challenge

Author : Helene Andersson
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 43,6 Mb
Release : 2024-06-13
Category : Law
ISBN : 9781509969432

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Dawn Raids Under Challenge by Helene Andersson Pdf

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.

The EU Treaties and the Charter of Fundamental Rights

Author : Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin
Publisher : Oxford University Press
Page : 2463 pages
File Size : 51,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9780192513410

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The EU Treaties and the Charter of Fundamental Rights by Manuel Kellerbauer,Marcus Klamert,Jonathan Tomkin Pdf

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.