Kerse Khan On Eu Antitrust Procedure

This volume provides a concise explanation of how the European Commission investigates infringments of EU competition law. It deals with topics such as the Commission's investigative powers, procedural rights of the parties concerned, and the methods for setting fines and judicial review against Commission decisions.

EC Antitrust Procedure explains how the European Commission investigates infringements of EC competition law, the procedural rights of the parties concerned, the method for setting fines, judicial review against Commission decisions and the relationship between the enforcement of EC competition law by the Commission and national courts and competition authorities. As of 1st May 2004 a far-reaching reform of procedural rules will enter into force - among the ramifications of this, businesses will have to take their own view on whether their agreements comply with EC competition law and the European Commission will concentrate on investigating suspected infringements. Furthermore, decisions as to whether agreements comply with EC competition law will also now be taken by national competition authorities and courts. Since the first edition published in 1981, successive editions of EC Antitrust Procedure have established the title as a recognised reference work in this field. The new 5th edition updates the work to include discussion of the impact of the new procedural rules, along with new case law and legislation.

Focusing on the rules safeguarding procedural due process in the administrative procedures of the Commission, this fully updated edition of a widely used handbook covers the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/antisubsidies, and State aid. Among the many practical issues raised are the following: the right of directly involved parties to bring an action before the European Courts in merger, anti-dumping/anti-subsidies, and State-aid cases; the rights of complainants in antitrust cases; the rights and obligations of beneficiaries in State-aid cases; the extent to which the right to confidential communication between lawyer and client in thesecases is recognised by the European Commission and the European Courts; the right to silence to avoid self-incrimination in antitrust cases; the right to respect for confidentiality and the right to be heard during the preliminary factfinding procedure of the Commission; the obligations of an undertaking during the fact-finding procedure of the Commission; the right of access to the Commission's file; the right to a fair hearing of all the parties concerned by the Commission proceedings; and the applicability of Article 6 of the European Convention of Human Rights (ECHR) to EU antitrust procedures. Three tables consolidate briefly and comparatively the rights and the obligations of the private parties in the four proceedings, as well as their right to bring an action before the European Courts. These tables give the reader the opportunity to easily check out what is the situation in the four proceedings regarding a specific right or obligation. The author's analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

This book provides a comprehensive account of EU antitrust procedure, exploring the powers of the EU Commission and the observance of fundamental rights during antitrust proceedings, judicial review exercised by the EU Courts, the role played by national authorities and courts and the mechanisms for cooperation in the EU and internationally