Due Process and Fair Trial in EU Competition Law: The Impact of Article 6 of the European Convention on Human Rights

Antitrust / Competition Law › Human Rights

Due Process and Fair Trial in EU Competition Law: The Impact of Article 6 of the European Convention on Human Rights

By Cristina Teleki
Brill Nijhoff June 2021

Specifications

ISBN-13
9789004447219
Publisher
Brill Nijhoff
Publication
June 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Table of Contents

Part 1. Foundations
Chapter 1. Central Issues of Research
Chapter 2. Supporting Issues
Chapter 3. A Foot in the Past: Existing Literature
Part 2. The Dynamic Evolution of the Right to a Fair Trial
Introduction
Chapter 4. The Right to a Fair Trial
Chapter 5. Applicability of Article 6(1) echr
Chapter 6. The Right to a Fair Trial – A Tool for Self-Regulation
Part 3. Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU
Introduction
Chapter 7. The Debate on Independence at the Crossroads of the Administrative State, Delegation and iras
Chapter 8. The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal
Chapter 9. The Structure of the European Commission as Enforcer of Competition Law
Chapter 10. The Procedure for Enforcement of Article 101 and 102 TFEU
Chapter 11. The Commission’s Powers of Investigation
Chapter 12. Limits on the Commission’s Powers of Investigation
Chapter 13. A Risk-Based Framework for Safeguarding the European Commission’s Independence
Part 4. Fair Trial and Judicial Review of EU Competition Law
Introduction
Chapter 14. Case-law of the ECtHR on the Right to an Effective Judicial Review
Chapter 15. Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models
Chapter 16. Case-law of EU Courts on the Right to an Effective Judicial Review
Chapter 17. Is Judicial Review a Cure for Bigness?

Step into the Future: Bigness and Judicial Power

Back Matter
Works Cited
Index
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