Presumption of Innocence in EU Anti-Cartel Enforcement

Antitrust / Competition Law

Presumption of Innocence in EU Anti-Cartel Enforcement

By Aiste Mickonyte
Brill Nijhoff December 2018

Specifications

ISBN-13
9789004384668
Publisher
Brill Nijhoff
Publication
December 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In this book Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention.

Arguing that EU anti-cartel procedure involves a criminal, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

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