Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices

Antitrust / Competition Law

Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices

By Helene Andersson
Hart Publishing October 2020

Specifications

ISBN-13
9781509943630
Publisher
Hart Publishing
Publication
October 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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This book examines the European Commission's dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts' judicial control is not equally balanced.

This book is an essential and timely examination of this important question.

Table of Contents

Part I: Overview
1. Introduction
2. Enforcement of the EU Competition Rules
3. Fundamental Rights in the EU
4. Criminal Sanctions
Part II: The Inspection: Is There a Clash between EU and Convention Systems?
5. Introduction to Part II
6. The Right to Enter
7. Dawn Raids in Sector Inquiries
8. Once Inside: Measures Taken During the Inspection
9. The Privilege against Self-Incrimination
10. Legal Professional Privilege
11. Access to Courts
12. Dawn Raids at Non-business Premises
Part III: Summing Up
13. Conclusions
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