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Vol 21 No 11 Nov/Dec 2016

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Safeguarding Companies' Rights in Competition and Anti-Dumping/Anti-Subsidies Proceedings 2nd ed


ISBN13: 9789041134042
Previous Edition ISBN: 9041122540
Published: September 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00



Despatched in 11 to 13 days.

This is an extraordinarily useful book for anyone practicing in the area of competition law before the European Commission or the European Courts.

It focuses on procedure in the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/anti-subsidies, and state aid. The author proposes modifications in the four procedures that eliminate unnecessary differences among them, save time and money, and offer better protection of the rights of the concerned parties while preserving effective enforcement of the relevant rules.

Each of the first four chapters offers an in-depth analysis of the rights and obligations of the private parties concerned in proceedings in each of the four fields, from their initiation up to termination by the adoption of specific measures as appropriate. Three comparative tables, which consolidate the analysis made in these chapters, introduce the fifth chapter, which provides detailed comparative analysis and proposals for reform.

Among the many practical issues raised are the following: -

  • the obligations of an undertaking during the fact-finding procedure of the Commission in antitrust cases;
  • the extent to which the right to confidential communication between lawyer and client in antitrust cases is
  • recognized by the European Commission and the European Courts;
  • the existence of a 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 fact-finding procedure of the Commission in antitrust cases;
  • the right of access to the Commission file in antitrust cases;
  • the right to a fair hearing in merger and anti-dumping/anti-subsidies cases;
  • the right of directly involved parties to bring an action before the European Courts in anti-dumping/anti-subsidies and state aid cases;
  • the rights of the complainants in antitrust cases;
  • the right to a fair hearing in antitrust cases;
  • the rights and obligations of beneficiaries in state aid cases;
  • the applicability of Article 6 of the European Convention of Human Rights to EU antirust procedures;
  • and complaints in state aid caseThe book will be very useful in planning the handling of a case, as it describes the procedure and the rights and obligations of all parties from first to last.
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. Law firms specializing in European competition law, Commission judges and case-handlers, and lawyers defending enterprises are among the practitioners who will benefit greatly by using this book.

As the only book that contains an in-depth analysis of the rights and obligations of the parties in all the four fields and in a comparative perspective, it is also uniquely valuable to jurists and academics.

Subjects:
Competition Law
Contents:
List of Abbreviations. List of Legislation. List of Case-Law. Introduction. Chapter I: Rights and Obligations of the Parties in Antitrust Cases.
1. Introduction.
2. Initiation of an antitrust procedure: The right to file a complaint.
3. Obligations of the private parties during the fact-finding procedure of the commission.
4. Rights of the private parties during the fact-finding procedure of the commission.
5. The right of the private parties to a fair hearing during the final procedure leading to a decision terminating the alleged infringement of the competition rules. Chapter II: Rights and Obligations of the Parties in Merger Cases.
1. Introduction.
2. The position of the parties to a concentration and of other involved parties.
3. The position of third parties.
4. The right to bring an action before the European Courts against the various commission decisions.Chapter III: Rights and Obligations of the Parties in Anti-dumping/Anti-Subsidies Cases.
1. Introduction.
2. Initiation of an anti-dumping or anti-subsidies procedure: The right to file a complaint.
3. Obligations and rights of the parties after the initiation of proceedings.
4. The right to bring an action before the European Courts against the various commission decisions Chapter IV: Rights and Obligations of the Parties in State Aid Cases 1 Introduction.
2. Notification of state aid plans.
3. Complaints to the commission in state aid procedures.4 Rights of the interested parties during the examination of the notification in the preliminary phase of the procedure.
5. Rights and obligations of the parties during the formal investigation procedure under article 88(2).
6. Obligations of the member states during the procedure in unnotified aid cases - monitoring of approved aid measures.
7. The right to bring an action before the European Courts against the various decisions of the commission in state aid cases. Tables Chapter V: Comparison of the Procedures in the Four Fields - Identification of the Differences - Justification - Proposals for Reform.
1. The nature of the proceedings in the four fields.
2. Due process in European Community Law.
3. Rights and obligations of complainants during the examination of their complaints.
4. Rights and obligations during the fact-finding procedure of the commission.
5. The right to a fair hearing prior to the adoption of the final decision. Conclusions. Bibliography

Series: International Competition Law

£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
£124.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
£116.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£100.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
£218.00
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned