Procedural Fairness in Competition Proceedings

Procedural Fairness in Competition Proceedings

Nihoul, Paul; Skoczny, Tadeusz

Edward Elgar Publishing Ltd

09/2015

392

Dura

Inglês

9781785360053

15 a 20 dias

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.
Contents : Preface Paul Nihoul and Tadeusz Skoczny PART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It's Not Fair Caron Beaton-Wells 2. Effectiveness through Fairness? Due Process' as an Institutional Precondition for Effective Decentralised EU Competition Law Enforcement Pieter Van Cleynenbreugel 3. Human Rights' Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos 4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary Precondition Amedeo Arena PART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD 5. Competition Enforcement: A Look at Inspections Maria De Benedetto 6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011 Giacomo Di Federico 7. An Elusive Convergence - Rights of Defence in Competition Matters in the Jurisprudence of the CJEU Krystyna Kowalik-Banczyk 8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages Directive Clifford A. Jones 9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to Participate Lubos Tichy and Petra Joanna Pipkova PART III RIGHT TO JUDICIAL REVIEW 10. Competition Law Enforcement: Administrative versus Judicial Systems Daniel Zimmer 11. The Fairness Debate in the US Albert Foer 12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii 13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHR Maciej Bernatt Discussion Report (CARS) Index
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