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Right To Defence In Eu Competition Law The Case Of Inspections
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Book Synopsis Right to Defence in EU Competition Law: the Case of Inspections by :
Download or read book Right to Defence in EU Competition Law: the Case of Inspections written by and published by . This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Right to Defence in EU Competition Law: the Case of Inspections by :
Download or read book Right to Defence in EU Competition Law: the Case of Inspections written by and published by . This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Competition Enforcement and Human Rights by : A. Andreangeli
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.
Book Synopsis An Evaluation of the Rights of Defense During Antitrust Inspections in the Light of the Case Law of the ECTHR by : Charlotte Leskinen
Download or read book An Evaluation of the Rights of Defense During Antitrust Inspections in the Light of the Case Law of the ECTHR written by Charlotte Leskinen and published by . This book was released on 2010 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Strict Liability Imposed by EU Law on Undertakings for Breaching the Seal During Antitrust Inspections by : Emanuela Matei
Download or read book Strict Liability Imposed by EU Law on Undertakings for Breaching the Seal During Antitrust Inspections written by Emanuela Matei and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 48 of the Charter states that 'everyone who has been charged shall be presumed innocent until proved guilty according to law' and article 27(2) of the Regulation No 1/ 2003 entitled 'Hearing of the parties, complainants and others' that the rights of defence of the parties concerned shall be fully respected in the proceedings, referring explicitly to the right to be heard on the matters to which the Commission has taken objection and the right of access to the Commission's file. Before being charged, i.e. during the inspection and before the eventual hearings, the privilege against self-incrimination and the presumption of innocence do not have any actual impact; the preservation of the rights of defence becomes fully effective only after a charge of competition law infringement has been made.
Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki
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 Bellamy & Child written by David Bailey and published by Oxford University Press, USA. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.
Author : Publisher :Oxford University Press ISBN 13 :0198915500 Total Pages :1387 pages Book Rating :4.1/5 (989 download)
Download or read book written by and published by Oxford University Press. This book was released on with total page 1387 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Competition Inspections by : Nathalie Jalabert-Doury
Download or read book Competition Inspections written by Nathalie Jalabert-Doury and published by . This book was released on 2022-03-22 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nathalie Jalabert-Doury brings together distinguished practitioners from around the world to provide an in-depth analysis of the legal and practical aspects of competition inspections across 21 major jurisdictions. Each country chapter comprises a series of questions and answers outlining the legal basis and scope of powers under relevant local legislation, the key stages of a dawn raid, the rights and obligations of a company subject to an inspection, and the prospects of judicial review. Illuminated by the expertise of the authors, the chapters outline steps which should be taken to ensure that a. company facing an inspection may respond in an efficient manner while minimising legal risk. The book is a necessary and essential guide for both in-house and outside counsel to ensure that an effective internal response strategy is put in place before being confronted with an inspection. The jurisdictions covered include Austria, Brazil, Canada, China, the Czech Republic, the European Union, France, Germany, Hong Kong, India, Japan, Korea, the Netherlands, Russia, Singapore, Spain, Switzerland, Turkey, Ukraine, the United Kingdom, and the United States.
Book Synopsis EU Competition Law by : Ariel Ezrachi
Download or read book EU Competition Law written by Ariel Ezrachi and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed as a working tool for the study and practice of European competition law. It is an enlarged and updated sixth edition of the highly practical guide to the leading cases of European competition law. This sixth edition focuses on Article 101 TFEU, Article 102 TFEU and the European Merger Regulation. In addition it explores the public and private enforcement of competition law, the intersection between intellectual property rights and competition law, the application of competition law to state action and state aid laws. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Praise for earlier editions: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP 'The study of EU competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fifth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions.' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'This book is especially valuable for competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview of the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP, Brussels
Book Synopsis Ne Bis in Idem in EU Law by : Bas van Bockel
Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Book Synopsis International cooperation of competition authorities in Europe by : Mateusz Błachucki
Download or read book International cooperation of competition authorities in Europe written by Mateusz Błachucki and published by Instytut Nauk Prawnych PAN. This book was released on 2021-07-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nakładem Wydawnictwa Instytutu Nauk Prawnych PAN ukazała się 2 edycja poprawiana i uzupełniona monografi pt.: „International Cooperation of Competition Authorities in Europe: From Bilateral Agreements to Transgovernmental Networks” pod redakcją Mateusza Błachuckiego. Monografia zbiorowa poświęcona jest współpracy międzynarodowej krajowych organów ds. konkurencji (NCA) państw członkowskich UE. Zostały w niej omówione przykłady współpracy dwustronnej (między właściwymi organami krajowymi z Niemiec i Austrii lub Czech i Słowacji), współpracy regionalnej (między nordyckimi właściwymi organami krajowymi) oraz współpracy w ramach sieci kontynentalnej (ze szczególnym uwzględnieniem zmian wprowadzonych Dyrektywą ECN +). Książka zawiera również analizy krajowych doświadczeń we współpracy międzynarodowej (Włochy, Słowacja i Hiszpania). Omówione zostały także kwestie niezależności krajowych organów ds. konkurencji, podstawowych praw przedsiębiorstw, nadzoru nad współpracą międzynarodową krajowych organów ds. konkurencji. Autorzy są zaangażowani w międzynarodową współpracę właściwych organów krajowych ds. konkurencji, pełniąc m.in. funkcje urzędników prowadzących postępowanie, członków międzynarodowych sieci organów ochrony konkurencji, doradców pozarządowych ds. sieci, naukowców doradzających sieciom i krajowym organom ochrony konkurencji, prawnych przedstawicieli przedsiębiorstw zaangażowanych w te postępowania lub członków innych instytucji zaangażowanych w ten proces. Druga edycja monografii zawiera wszystkie opublikowane wcześniej artykuły, które zostały zaktualizowane i poprawione przez autorów, ponadto zawiera jeden dodatkowy artykuł autorstwa Margaridy Rosado da Fonseca, dotyczący portugalskiego prawa antymonopolowego. Publikacja wydana w modelu OA pod patronatem Urzędu Ochrony Konkurencji i Konsumenta, będąca efektem realizacji grantu NCN UMO-2016/23/B/HS5/03605 „Ponadnarodowe sieci organów administracji publicznej i ich wpływ na krajowy porządek prawny (na przykładzie sieci organów ochrony konkurencji”, przyznanego dr hab. Mateuszowi Błachuckiemu, prof. INP PAN jest dostępna w repozytorium e-Biblioteka Prawnicza.
Book Synopsis Evidence, Proof and Judicial Review in EU Competition Law by : Fernando Castillo de la Torre
Download or read book Evidence, Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.
Book Synopsis Due Process in EU Competition Proceedings by : Ivo Van Bael
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.
Book Synopsis Dawn Raids Under Challenge by : Helene Andersson
Download or read book Dawn Raids Under Challenge written by Helene Andersson and published by Bloomsbury Publishing. This book was released on 2024-06-13 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.
Book Synopsis EU Competition Law by : Alison Jones
Download or read book EU Competition Law written by Alison Jones and published by Oxford University Press, USA. This book was released on 2014 with total page 1434 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stand-alone guide to competition law, providing extracts from key cases, academic works, and legislation, along with incisive critique and commentary from two experts in the field.
Book Synopsis Handbook on European Competition Law by : Ioannis Lianos
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.