Enforcing European Competition Law Through Leniency Programmes In The Light Of Fundamental Rights

Author : Emma Salemme
Publisher :
ISBN 13 : 9783845297170
Total Pages : 0 pages
Book Rating : 4.74/5 ( download)

DOWNLOAD NOW!

Download or read book Enforcing European Competition Law Through Leniency Programmes in the Light of Fundamental Rights written by Emma Salemme and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The entry into force of the Lisbon Treaty has increased the importance of fundamental rights, attributing the same legal value to the CFR as the EU treaties, and opening up the possibility of the EU's accession to the ECHR. In this context, this book analyses whether the current level of fundamental rights protection in leniency procedures falls within the parameters of accepted ECHR standards. This book demonstrates that the leniency procedure is not fully compatible with fundamental rights and general principles, and proposes a new programme, which can reconcile the public interest in an effective and efficient leniency programme with the protection of the fundamental rights of the parties involved in the procedure."--

Author : Baskaran Balasingham
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184805
Total Pages : 296 pages
Book Rating : 4.01/5 ( download)

DOWNLOAD NOW!

Download or read book The EU Leniency Policy written by Baskaran Balasingham and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : A. Andreangeli
Publisher : Edward Elgar Publishing
ISBN 13 : 184844267X
Total Pages : 297 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book EU Competition Enforcement and Human Rights written by A. Andreangeli and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.

Author : Fransicso Enrique Gonzalez Diaz
Publisher :
ISBN 13 : 9789077644348
Total Pages : 0 pages
Book Rating : 4.42/5 ( download)

DOWNLOAD NOW!

Download or read book EU Competition Law Volume VIII, European Competition Law and Fundamental Rights written by Fransicso Enrique Gonzalez Diaz and published by . This book was released on 2020-07-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the imminent accession by the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it has become ever-more important to ensure that both the procedures, as well as the substantive application of European competition law by the European Commission and the EU Courts, are consistent with the protection of fundamental rights set out therein. This book will provide a unique insight into the possible main friction points between European competition law enforcement and the protection of fundamental rights, as well as an in-depth analysis of the key challenges lying ahead, in light of the case law of the EU Courts and of the European Court of Human Rights.

Author : Kai Hüschelrath
Publisher : Springer
ISBN 13 : 9783662514146
Total Pages : 0 pages
Book Rating : 4.41/5 ( download)

DOWNLOAD NOW!

Download or read book Public and Private Enforcement of Competition Law in Europe written by Kai Hüschelrath and published by Springer. This book was released on 2016-11-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Author : Steven Van Uytsel
Publisher : Cambridge University Press
ISBN 13 : 100915270X
Total Pages : 485 pages
Book Rating : 4.09/5 ( download)

DOWNLOAD NOW!

Download or read book Leniency in Asian Competition Law written by Steven Van Uytsel and published by Cambridge University Press. This book was released on 2022-09-22 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.

Author : Luca Prete
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535458
Total Pages : 1148 pages
Book Rating : 4.56/5 ( download)

DOWNLOAD NOW!

Download or read book Regulation 1/2003 and EU Antitrust Enforcement written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.

Author : Peter Whelan
Publisher : Oxford University Press
ISBN 13 : 0198844832
Total Pages : 625 pages
Book Rating : 4.39/5 ( download)

DOWNLOAD NOW!

Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264252630
Total Pages : 216 pages
Book Rating : 4.39/5 ( download)

DOWNLOAD NOW!

Download or read book Committing to Effective Whistleblower Protection written by OECD and published by OECD Publishing. This book was released on 2016-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.

Author : Kojo Yelpaala
Publisher : Springer
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.20/5 ( download)

DOWNLOAD NOW!

Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: