Dawn Raids Under Challenge: Due Process Aspects of the European Commission's Dawn Raid Practices - Antitrust / Competition Law - Law

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

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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 abuse of market power represents an economic harm and needs 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 Court. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertaking, the EU courts' judicial control has to date proved to be ineffective. An important and timely examination of this important question.
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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