Conceptualising Procedural Fairness in EU Competition Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conceptualising Procedural Fairness in EU Competition Law write by Haukur Logi Karlsson. This book was released on 2020-09-17. Conceptualising Procedural Fairness in EU Competition Law available in PDF, EPUB and Kindle. 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.
Conceptualising Procedural Fairness in EU Competition Law
Conceptualising Procedural Fairness in EU Competition Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Conceptualising Procedural Fairness in EU Competition Law write by Haukur Logi Karlsson. This book was released on 2020-09-17. Conceptualising Procedural Fairness in EU Competition Law available in PDF, EPUB and Kindle. 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.
Procedural Fairness in Competition Proceedings
Procedural Fairness in Competition Proceedings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Procedural Fairness in Competition Proceedings write by Paul Nihoul. This book was released on 2015-09-25. Procedural Fairness in Competition Proceedings available in PDF, EPUB and Kindle. 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.
Fairness in EU Competition Policy : Significance and Implications
Fairness in EU Competition Policy : Significance and Implications - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fairness in EU Competition Policy : Significance and Implications write by Damien Gerard. This book was released on 2020-06-03. Fairness in EU Competition Policy : Significance and Implications available in PDF, EPUB and Kindle. The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.
The EU Leniency Policy
The EU Leniency Policy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The EU Leniency Policy write by Baskaran Balasingham. This book was released on 2016-04-24. The EU Leniency Policy available in PDF, EPUB and Kindle. 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.
