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EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights


ISBN13: 9789041147585
Published: August 2013
Publisher: Kluwer Law International
Country of Publication: The Nethelands
Format: Hardback
Price: £185.00



Despatched in 8 to 10 days.

There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR).

This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved.

Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following:

  • investigatory powers vested in competition authorities;
  • the privilege against self-incrimination;
  • right to privacy;
  • “fair trial” probatory requirements;
  • degree of use of presumptions in EU practice;
  • Article 6 ECHR guarantees pertaining to the presumption of innocence;
  • proving coordination of competitive behaviour;
  • proving restriction of competition;
  • admissibility of evidence before EU Courts and the Commission;
  • assessment of the attribution of liability rules;
  • EU fining rules;
  • judicial review of cartel decisions by EU Courts; and
  • national sanctioning rules.
The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions.

General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem.

In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.

Subjects:
Competition Law
Contents:
Foreword.
Preface.
Acknowledgements.

CHAPTER 1 Introduction.
CHAPTER 2 Overview of Fundamental Rights Protection in EU Competition Law.
CHAPTER 3 The European Enforcement System and the Due Process Institutional Requirements.
CHAPTER 4 Cartel Investigations and Fundamental Rights.
CHAPTER 5 The Legal Qualification of a Cartel Infringement and Effective Enforcement.
CHAPTER 6 The Rules of Evidence in EU Cartel Proceedings and Fundamental Rights.
CHAPTER 7 The Rules of Attribution of Liability: Reconciling Effective Deterrence with the Presumption of Innocence.
CHAPTER 8 The Rules of Cartel Fining and Fundamental Rights.
CHAPTER 9 General Conclusion.

APPENDIX I EU Courts Judicial Review of Cartel Decisions (01/2001-02/2013) Successful Grounds of Appeal & Fine Reductions.
APPENDIX II Degree of Gravity in European Commission Cartel Decisions Applying The 2006 Guidelines.
Bibliography.
Table of Cases.
Table of Legislation.

Series: International Competition Law

Directory of EU Case Law on State Aids 4th ed (eBook) ISBN 9789403544519
Published June 2022
Kluwer Law International
£223.00
(ePub)
Buy
Directory of EU Case Law on State Aids 4th ed ISBN 9789403544410
Published June 2022
Kluwer Law International
£223.00
£110.00
£110.00
(ePub)
Buy
Information Exchange Between Competitors in EU Competition Law (eBook) ISBN 9789403531847
Published March 2021
Kluwer Law International
£99.00
(ePub)
Buy
Information Exchange Between Competitors in EU Competition Law ISBN 9789403531830
Published March 2021
Kluwer Law International
£99.00
Regulating Vertical Agreements: A Comparative Law and Economics Review of the EU and Brazil ISBN 9789403526508
Published October 2020
Kluwer Law International
£99.00
£99.00
(ePub)
Buy
Directory of EU Case Law on State Aids 3rd ed ISBN 9789403511016
Published November 2019
Kluwer Law International
£124.00
£127.00
Antitrust Settlements: How a Simple Agreement Can Drive the Economy ISBN 9789403511337
Published October 2019
Kluwer Law International
£112.00
Antitrust Settlements: How a Simple Agreement Can Drive the Economy (eBook) ISBN 9789403511115
Published October 2019
Kluwer Law International
£111.00
(ePub)
Buy
Global Competition Enforcement: New Players, New Challenges ISBN 9789403502830
Published October 2019
Kluwer Law International
£109.00
Digital Competition Law in Europe: A Concise Guide ISBN 9789403516943
Published September 2019
Kluwer Law International
Out of print
Merger Control in the EU and Turkey: A Comparative Guide ISBN 9789403509341
Published September 2019
Kluwer Law International
Out of print
Fidelity Rebates in Competition Law: Application of the 'As Efficient Competitor' Test ISBN 9789403505701
Published November 2018
Kluwer Law International
£96.00
£138.00
Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
Published July 2018
Kluwer Law International
£98.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
Published July 2018
Kluwer Law International
£137.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
£127.00
Directory of EU Case Law on Competition 2nd ed (eBook) ISBN 9789041183644
Published August 2017
Kluwer Law International
£254.00
(ePub)
Buy
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£254.00
£159.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
Out of print
£197.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£227.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£243.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£154.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£173.00
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£167.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£185.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£154.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£159.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£178.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£178.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£192.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£178.00
£147.00
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£173.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£204.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£196.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£197.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£212.00
£264.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£223.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£223.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£176.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£266.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£176.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£190.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
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
£190.00
£190.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£197.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£247.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£154.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£186.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£130.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£180.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£154.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£180.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£196.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£188.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£207.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£197.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£162.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£107.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned