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Dawn Raids Under Challenge

Due Process Aspects on the European Commission's Dawn Raid Practices

By: Helene Andersson
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Published: 28-06-2018
Format: EPUB eBook (?)
Edition: 1st
Extent: 312
ISBN: 9781509920167
Imprint: Hart Publishing
Series: Hart Studies in Competition Law
RRP: £75.60
Online price : £68.04
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Loren Epson

About Dawn Raids Under Challenge

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

Reviews

“This book is not only of practical interest for both companies and practitioners, but also of theoretical interest, since it offers stimulating ideas for the effectiveness and legitimacy of EU competition law. (Translated from the original French)” –  Julie Rondu, Concurrences

“[T]his book provides a comprehensive, insightful analysis of the current state of the relevant law and jurisprudence of those fundamental rights that are critical in the context of Commission dawn raids... This book is the result of thorough research and provides an excellent starting point for further discussions on the appropriate scope and limitations of the Commission's investigatory powers.” –  Jenny Leahy, European Competition and Regulatory Law Review

Dawn Raids Under Challenge represents an exhaustive contribution to the debate on the compliance of the EU competition enforcement framework with European human rights' standards... This book is extremely well researched and tightly argued and will be of great interest of academics and practitioners.” –  Arianna Andreangeli, University of Edinburgh, European Competition Law Review

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