Procedural Fairness in Competition Proceedings

Abstract

Contents :PrefacePaul Nihoul and Tadeusz SkocznyPART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It's Not FairCaron Beaton-Wells2. Effectiveness through Fairness? 'Due Process' as an Institutional Precondition to Effective Decentralised EU Competition Law EnforcementPieter Van Cleynenbreugel3. Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Regimes: The Case for Procedural Fairness as a Necessary PreconditionAmedeo ArenaPART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD5. Procedural Powers in Competition Enforcement: A Look at InspectionsMaria De Benedetto6. The Role of the Hearing Office in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011Giacomo Di Federico7. An Elusive Convergence - Rights of Defence in Competition Matters in the Jurisprudence of the CJEUKrystyna Kowalik-Banczyk 8. Fairness and Access to Information: Private Enforcement vs Public EnforcementClifford A. Jones9. State Aid and Fundamental Human Rights: State Aid Procedure and Procedural Fairness - A Contribution to the Right to Participate DebateLubos Tichy and Petra Joanna PipkovaPART III RIGHT TO JUDICIAL REVIEW10. Competition Law Enforcement: Administrative versus Judicial SystemsDaniel Zimmer11. American Debate: Single Agency or Multiple Enforcement Agencies and Whether Administrative Procedures are FairAlbert Foer12. The Right of Fair Trial in Competition Law Proceedings Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii13. Deferential Standard of Judicial Review in Competitions Proceedings and the Article 6 of the European Convention on Human RightsMaciej Bernatt Discussion Report (CARS)Fairness And Effectiveness In Antitrust ProceedingsIndex