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Vol 21 No 11 Nov/Dec 2016

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Procedural Fairness in Competition Proceedings

Edited by: Paul Nihoul, Tadeusz Skoczny

ISBN13: 9781785360053
Published: September 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00



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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.

Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future.

This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law.

Subjects:
Competition Law
Contents:
Preface
Paul Nihoul and Tadeusz Skoczny

PART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS
1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not Fair
Caron Beaton-Wells
2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition to Effective Decentralised EU Competition Law Enforcement
Pieter Van Cleynenbreugel
3. “Human Rights” Protection for Corporate Antitrust Defendants: Are We Not Going Overboard?
Albert Sanchez Graells and Francisco Marcos
4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Regimes: The Case for Procedural Fairness as a Necessary Precondition
Amedeo Arena

PART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD
5. Procedural Powers in Competition Enforcement: A Look at Inspections
Maria De Benedetto
6. The Role of the Hearing Office in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011
Giacomo Di Federico
7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEU
Krystyna Kowalik-Banczyk
8. Fairness and Access to Information: Private Enforcement vs Public Enforcement
Clifford A. Jones
9. State Aid and Fundamental Human Rights: State Aid Procedure and Procedural Fairness – A Contribution to the Right to Participate Debate
Luboš Tichý and Petra Joanna Pipková

PART III RIGHT TO JUDICIAL REVIEW
10. Competition Law Enforcement: Administrative versus Judicial Systems
Daniel Zimmer
11. American Debate: Single Agency or Multiple Enforcement Agencies and Whether Administrative Procedures are Fair
Albert Foer
12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States?
Marco Botta and Alexandr Svetlicinii
13. Deferential Standard of Judicial Review in Competitions Proceedings and the Article 6 of the European Convention on Human Rights
Maciej Bernatt
Discussion Report (CARS)
Fairness And Effectiveness In Antitrust Proceedings

Index