Description
Book SynopsisIn 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 ContentsList of Tables and Figures Acknowledgements Introduction 1 Scope 2 Methodology PART 1 Foundations 1 Central Issues of Research 1.1 EU Competition Law – A Paradox within EU Law 1.2 The ECtHR – System Design as a Predictor of Success 1.3 ECtHR as a Self-Regulating Tribunal 2 Supporting Issues 2.1 Systems Theory and Social Sciences 2.2 The New Public Management Movement 2.3 Peoples, Consumers and Citizens 2.4 Accession of the EU to the echr 2.5 The Charter of Fundamental Rights of the EU 3 A Foot in the Past: Existing Literature 3.1 Legal Philosophy 3.2 A Renewed Debate on Human Rights 3.3 A Renewed Imagining of the Trial 3.4 Competition Policy 3.5 Competition Policy and Fundamental Rights PART 2 The Dynamic Evolution of the Right to a Fair Trial Introduction to Part 2 4 The Right to a Fair Trial 4.1 Formulation and Importance of Article 6(1) echr 4.2 Influence of the Case-law of the ECtHR on Domestic Legislation 4.3 External Influences on the Case-law of the ECtHR 5 Applicability of Article 6(1) ECHR 5.1 Maintaining Pockets of State Sovereignty 5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations” 5.3 Applicability of Article 6(1) ECHR to “Criminal Charges” 6 The Right to a Fair Trial – A Tool for Self-Regulation 6.1 The Process Towards Justiciability 6.2 The Role Played by the Academic Community 6.3 The Zeitgeist 6.4 Cooperation with the ECtHR – Four Possible Models PART 3 Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU Introduction to Part 3 7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s 7.1 The Rise of the Administrative State, Delegation and IRA s 7.2 The UNCTAD 7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities 7.4 International Competition Network 7.5 Independence of European Regulators 7.6 The European Competition Network 7.7 Empowering NCA s – Directive 1/2019 7.8 The Difficult Case for the Independence of the European Commission 8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal 8.1 Established by Law 8.2 Independence 8.3 Impartiality 8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality 9 The Structure of the European Commission as Enforcer of Competition Law 9.1 The European Commission as a Political Institution 9.2 The European Commission as an Autonomous Bureaucracy 10 The Procedure for Enforcement of Article 101 and 102 tfeu 10.1 The Investigation Phase 10.2 Prohibition Procedure 10.3 Commitments Procedure 10.4 Procedure for Rejection of Complaints 10.5 Settlement Procedures 11 The Commission’s Powers of Investigation 11.1 Sanctions 11.2 Leniency 11.3 Sector Inquiries 11.4 Requests for Information 11.5 The Power to Take Statements 11.6 Powers of Inspection 12 Limits on the Commission’s Powers of Investigation 12.1 General Principles of Limitation 12.2 The Rights of the Defence 13 A Risk-Based Framework for Safeguarding the European Commission’s Independence 13.1 Identifying the Risks to Independence in EU Competition Law Proceedings 13.2 Mitigating the Identified Risks PART 4 Fair Trial and Judicial Review of EU Competition Law Introduction to Part 4 14 Case-law of the ECtHR on the Right to an Effective Judicial Review 14.1 Judicial Review in Administrative Law Disputes 14.2 Judicial Review in Disputes Involving “Criminal Charges” 14.3 Judicial Review in Banking Law Disputes 14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review 15 Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models 15.1 Exercise of Administrative Discretion within Polycentric Issues 15.2 Exercise of Administrative Discretion for Monocentric Issues 15.3 Exercise of Administrative Discretion as Policing Power 16 Case-law of EU Courts on the Right to an Effective Judicial Review 16.1 Right to Effective Judicial Protection 16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design 16.3 Limited Review of Legality – Design by Self-Interpretation 16.4 Unlimited Review of Fines 16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines 16.6 The Right to a Fair Legal Process in EU Law 17 Is Judicial Review A Cure for Bigness? 17.1 Adjudication and Economic Evidence 17.2 Adjudication and the Administrative Man 17.3 Adjudication, Bias and Monoculture 17.4 Adjudication and Problems of Organized Complexity Step into the Future: Bigness and Judicial Power Works Cited Index
