Buch, Englisch, 296 Seiten
Reconciling Effectiveness and Fairness
Buch, Englisch, 296 Seiten
Reihe: International Competition Law Series
ISBN: 978-90-411-8479-5
Verlag: Wolters Kluwer
- the compatibility of the EU enforcement system with fundamental rights protection;
- the gathering and evaluation of evidence at the preliminary investigation stage;
- the severity and foreseeability of the EU cartel fines;
- judicial review by the EU Courts in cartel matters;
- to what extent the current policy is effective and fair; and
- reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive.
The theme throughout all chapters is the reconciliation of effectiveness and fairness. After setting the scene in Chapter 1 and clarifying the key concepts of ‘effectiveness’ and ‘fairness’ in Chapter 2, the subsequent chapters deal with the development of the EU leniency policy. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. How this will help you:
As a clear demonstration of how to forestall the danger of focusing on the effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.