Download or read book Procedural Rights in Competition Law in the EU and China written by Caroline Cauffman and published by Springer. This book was released on 2016-04-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.​

Download or read book EU Procedural Rights in Criminal Proceedings written by Taru Spronken and published by Maklu. This book was released on 2009 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: All EU Member States are party to the European Convention on Human Rights (ECHR), which is the principal treaty setting out the basic standards for suspects' procedural rights in criminal proceedings in the EU. However, divergent practices in different Member States have hitherto hindered mutual trust and confidence between them. In order to counter this obstacle, the European Commission - in its 2003 Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the EU - held that the EU is justified in taking action in this field. Member States had also expressed the need and wish for cooperation in the matter on a EU level. However, the ideas in the 2004 Commission Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union have not yet sparked any political agreement on the matter. In 2005, the Commission arranged for a study to be carried out on procedural rights in the EU in order to comply with the The Hague Programme's call for studies on the existing levels of safeguards in the Member states. This book contains the results of an EU-wide research project (JLS/2008/D3/002). The authors have conducted this follow-up report to the 2005 study, providing up-to-date information on the level of procedural rights in the Member States as a lead for possible new Commission legal initiative on the matter and as a boost for the Roadmap on Procedural Rights presented by the 2009 Swedish EU Presidency. The main procedural rights studied - the right to information, the right to legal advice, the right to legal assistance (partially) free of charge, and the right to interpretation and translation - seem to be guaranteed by law, more or less, in accordance with the ECHR in the criminal justice systems of the EU. However, a more in-depth look at the implementation of these rights raises doubts as to whether, in all Member States, everyday practice is in line with the Strasbourg standard. This underlines the need for EU action, probably even beyond this presumed acquis. Particularly striking is the fact that fundamental rights, such as the right to remain silent, to have access to the file, and to call and/or examine witnesses or experts, even if deemed basic requirements for a fair trial, are not provided for in legislation in all EU Member States.

Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Procedural Fairness in Competition Proceedings written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Handbook on European Competition Law written by Ioannis Lianos and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

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.

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2017-12-28 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Download or read book Due Process in EU Competition Proceedings written by Ivo Van Bael and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Procedural Rights in EU Administrative Competition Proceedings written by Anca D. Chirita and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present contribution has two inter-related purposes: first, to analyse the context and legal framework of procedural rights in EU competition law, in particular, the administrative notification of mergers, and second, to critically review any perceived flaws in the substantive, institutional design or exercise of these procedural rights in practice, thereby offering proposals for institutional reform. The first and second sections provide an overview of the purpose and scope of application of the EU Merger Control Regulation 139/2004, including its Implementing Regulation 1269/2013, highlighting the major principles underpinning the informal stage, Phase I and II investigations, and procedural deadlines. The third section goes on to question why procedural rights in mergers are contestable and offers constructive reviews of the criticism of the current system. This section questions primarily whether there should be social responsibility for corporations' procedural rights as is the case under the ECHR regime. Since the administrative procedure of notification of mergers aims to protect the public choice of individual consumers before the corporatist intentions to merge and expand, the EU Merger Regulation produces a contrasting 'vertical' rather than 'horizontal' effect (supra-national competition law protecting the public, not the individual citizen). The section also prepares the ground for the fourth section, which thoroughly examines whether a human rights inspired catalogue is also feasible for corporations in merger proceedings. The fourth section offers a comparative analysis of the ECHR system to distinguish 'original' or 'express' procedural rights in mergers, such as the right to good administration of justice, namely, the right to a fair hearing, within a reasonable time, and before an independent and impartial tribunal; 'implied' rights, such as the right to due process, including the right to a fair presentation of evidence through the sending of the statement of objections, the right to an adversarial hearing by replying to the statement of objections, the right to have access to one's file, and the right to a reasoned decision; and 'derived' rights, such as the right not to give evidence against oneself. The most heated debate concerns the independence of the European Commission as public administration and the decision-making process in merger cases, which demands institutional reform, both from inside because of a strongly hierarchical administration of justice, thus combining both investigative and prosecutorial functions, and from outside because of the perception of politicisation of economic merger decisions by the College of Commissioners and by the mandate of the Commissioner for Competition. The paper argues in favour of a de-centralisation of such internal and external administrative competences, including a Public Hearing Office. The fifth section concludes.

Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

Download or read book Conceptualising Procedural Fairness in EU Competition Law written by Haukur Logi Karlsson and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Download or read book The Procedural Aspects of the Application of Competition Law written by Csongor István Nagy and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between Menarini and Delta Pekarny. Strasbourg view on intensity of judicial review in competition laws / Maciej Bernatt -- Fair trial in competition matters: the European Ombudsman's perspective / Réka Friedery -- Due process in EU Commission competition law proceedings. what lessons (not) to learn for structuring the rights of defense at the national level? / Pieter Van Cleynenbreugel -- Procedural fairness in the European Commission's competition procedure. recent case-law on the ECJ's review of inspections / Mónika Papp -- The Procedural aspects of the application of competition law. consumers' participation in competition law procedures / Katalin Cseres -- Private antitrust enforcement and private international law. recent developments / Mihail Danov -- Criminal antitrust enforcement and procedural fairness. a critical analysis / Peter Whelan -- Administrative (competition) procedure and judicial review in Serbia / Dragan Gajin & Zoltan Vig -- Administrative competition procedure and judicial review in the Czech Republic / Michal Petr -- Administrative competition procedure and judicial review in Hungary / Csongor István Nagy -- Administrative competition procedure and judicial review in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Krasnodębska-Tomkiel & Grzegorz Materna -- Administrative competition procedure and judicial review in Romania / Adriana Almăşan -- Administrative competition procedure and judicial review in the Slovak Republic / Ondrej Blažo -- The legal consequences of breaching competition rules in the Czech Republic / Michal Petr -- The legal consequences of breaching competition rules in Hungary / Csongor István Nagy -- The legal consequences of breaching competition rules in Poland / Krystyna Kowalik-Bańczyk, Małgorzata Król-Bogomilska & Anna Zientara -- The legal consequences of breaching competition rules in Romania / Emőd Veress -- The legal consequences of breaching competition rules in the Slovak Republic / Ondre

Download or read book Process and Procedure in EU Administration written by Carol Harlow Harlow KC and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.

Download or read book European Administrative Law written by Kars Jan Graaf and published by ISBS. This book was released on 2010 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Review of European Administrative Law - in cooperation with the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University - held a one-day conference on June 3, 2009. The conference's aim was to give researchers, dealing with any aspect of European administrative law, the opportunity to present their work (in progress) and to encourage exchange between scholars in the field of European administrative law. The theme of the conference was the mutual (top-down and bottom-up) relation of EU administrative law and national administrative law. This volume contains a selection of papers presented at the conference. It has also been published as the 2009/2 issue of the Review of European Administrative Law.

Download or read book Safeguarding Companies Rights in Competition and Anti dumping anti subsidies Proceedings written by Themistoklis K. Giannakopoulos and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Competition Enforcement and Procedure written by Renato Nazzini and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first work to disentangle the procedural complexities of the interplay between public and private enforcement of competition law in the EU and in the UK as well as in its transnational, multi-jurisdictional dimension. Now in its second edition, the work considers a number of crucially important legal developments in relation to the enforcement of competition law globally and within the European Union including the EU Directive on damages actions, the reforms of the UK public enforcement regime in the Enterprise and Regulatory Reform Act 2013, the reforms of the UK private enforcement regime brought about by the Consumer Rights Act 2015, and recent case law developments on public and private enforcement. This volume contains an in-depth examination of the principles and policies underlying the interplay of administrative, criminal and civil proceedings and explains in detail the practical solutions and strategies available in light of the relevant legislation and case law. Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.