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Procedural Fairness in Competition Proceedings

Edited by Paul Nihoul, Professor, Université catholique de Louvain, Belgium and Tadeusz Skoczny, Professor, University of Warsaw (CARS), Poland
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.
Extent: 392 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: 2015
ISBN: 978 1 78536 005 3
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  • Law - Academic
  • Competition and Antitrust Law
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.

Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future.

This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law.
‘This book definitely makes an interesting and useful contribution for academic discussion and provides food for thought for law-makers.’
– European Competition Law Review

‘The book contains a varied and thought-provoking set of contributions very useful to the debate on the topic of striking the right balance between effectiveness of competition law enforcement and right to due process. The book is also of great interest to practitioners for the wealth of references to cases and legal arguments used before courts to challenge the fairness of competition law proceedings.’
– The Competition Law Observatory
Contributors: A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Ba?czyk, F. Marcos, P. Nihoul, P.J. Pipková, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichý, P. Van Cleynenbreugel, D. Zimmer







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-Ba?czyk

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
Luboš Tichý and Petra Joanna Pipková

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