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Author: Ronan Garvey Publisher: GRIN Verlag ISBN: 3346184250 Category : Law Languages : en Pages : 12
Book Description
Essay from the year 2019 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 82.00, University College Cork, course: LLB, language: English, abstract: This paper is concerned with optimising the enforcement of European Union Competition Law against cartels participants. A critique of Directive 2014/104 and its main shortcomings will begin this paper. Investigation then launched into role of national competition authorities in the Union, arguing that enhanced member state cooperation and full transposition of draft Directive 2019/1 (ECN+) will deter cartel activity. Final point concerns individual liability against the company agents behind cartels, how corporate fines imposed by European Commission fail to deter individuals against continued cartel participation.
Author: Ronan Garvey Publisher: GRIN Verlag ISBN: 3346184250 Category : Law Languages : en Pages : 12
Book Description
Essay from the year 2019 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 82.00, University College Cork, course: LLB, language: English, abstract: This paper is concerned with optimising the enforcement of European Union Competition Law against cartels participants. A critique of Directive 2014/104 and its main shortcomings will begin this paper. Investigation then launched into role of national competition authorities in the Union, arguing that enhanced member state cooperation and full transposition of draft Directive 2019/1 (ECN+) will deter cartel activity. Final point concerns individual liability against the company agents behind cartels, how corporate fines imposed by European Commission fail to deter individuals against continued cartel participation.
Author: Kai Hüschelrath Publisher: Springer ISBN: 3662439751 Category : Business & Economics Languages : en Pages : 279
Book Description
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: Aistė Mickonytė Publisher: BRILL ISBN: 9004384650 Category : Law Languages : en Pages : 248
Book Description
In this book the author examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights.
Author: Andreas Scordamaglia-Tousis Publisher: Kluwer Law International B.V. ISBN: 9041147616 Category : Law Languages : en Pages : 476
Book Description
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.
Author: Ioannis Lianos Publisher: Edward Elgar Publishing ISBN: 1782546219 Category : Law Languages : en Pages : 648
Book Description
This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Author: Frank Wijckmans Publisher: ISBN: 9780199698202 Category : Law Languages : en Pages : 0
Book Description
Investigating, dissolving, and punishing cartels is increasingly a top priority for the European Commission and for national competition authorities. This work offers the most up-to-date and comprehensive examination of the substantive law and procedure of EU competition law as it applies to cartels as well as to other horizontal agreements. This unique work supplies the views of both private practitioners and public enforcers. The private practitioners discuss their day-to-day experience and share the insights which they believe their fellow-practitioners should be aware of. The public enforcers act in tandem with the private practitioners and add in their contribution the specific points of attention which they recommend practitioners should take into account. The work sets out the ways in which a cartel is defined and organized, how a cartel may be detected and investigated, the issue of liability for cartels (including parental and successor liability), the various sanctions available to investigating authorities, and the prospects for private enforcement and damages actions brought by victims of cartels. It addresses the procedure before the European Commission and the European Courts. Finally, the book deals with information exchanges (including an economic perspective), joint R&D agreements, specialization agreements and other common types of horizontal agreements like joint purchasing, joint selling and standardization. Containing practical advice for practitioners, overviews of the various stages of cartel enforcement, procedural checklists, analysis of the most recent legislation including the new EU damages directive, and written by authors with extensive experience in advising the Commission's legal service in relation to competition law, this is the most comprehensive text available on cartels in EU competition law.
Author: Mark Jephcott Publisher: Jordans ISBN: 9780853088202 Category : Law Languages : en Pages : 495
Book Description
The law relating to cartels has been radically changed by the Enterprise Act 2002, which came into force on 20th June 2003. Cartel participation has been criminalised and directors involved in cartels can now be disqualified for periods of up to 15 years. At the EC level, record levels of fines are now being imposed on cartelists. It is increasingly evident that the detection and punishment of price-fixing, market-sharing and collusive tendering are the number one priority for both the EC and UK competition authorities. Law of Cartels is the only book dedicated solely to this important area of competition law. It clearly sets out the legal principles governing cartels and the consequences of cartel-like behaviour. It also offers practical advice for both lawyers advising companies and company directors, such as guidance on dealing with cartel investigations by the competition authorities, guidance on implementing compliance programmes to reduce the risk of cartel activity taking place, and guidance on the options open to companies accused of being involved in cartels. This book is an invaluable resource for competition lawyers, regulatory and commercial lawyers, company and in-house lawyers. REVIEWS: excellent ... It has a practical focus. No serious practitioner in competition law should be without it and many general commercial practitioners will want a copy behind their desk ... well structured and easy to use ... an admirable work which brings an impressively clear and practical focus on this important area of law European Competition Law Review an excellent contribution to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists ICCLR
Author: OECD Publisher: OECD Publishing ISBN: 926410125X Category : Languages : en Pages : 64
Book Description
This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.
Author: Ronan Garvey
Author: Ronan Garvey
Author: Kai Hüschelrath
Author: Aistė Mickonytė
Author: Andreas Scordamaglia-Tousis
Author: Ioannis Lianos
Author: Frank Wijckmans
Author: Mark Jephcott
Author: OECD
Author: Aidan Synnott
Author: Ilene Knable Gotts