Procedural Fairness in Competition Proceedings

Edited by Paul Nihoul, Professor, Université catholique de Louvain, Belgium and Tadeusz Skoczny, Professor, University of Warsaw (CARS), Poland

‘This book definitely makes an interesting and useful contribution for academic discussion and provides food for thought for law-makers.’

• Contents :PrefacePaul Nihoul and Tadeusz SkocznyPART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not FairCaron Beaton-Wells2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition for Effective Decentralised EU Competition Law EnforcementPieter Van Cleynenbreugel3. ‘Human Rights’ Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary PreconditionAmedeo ArenaPART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD5. Competition Enforcement: A Look at InspectionsMaria De Benedetto6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011Giacomo Di Federico7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEUKrystyna Kowalik-Bańczyk 8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages DirectiveClifford A. Jones9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to ParticipateLuboš Tichý and Petra Joanna PipkováPART III RIGHT TO JUDICIAL REVIEW10. Competition Law Enforcement: Administrative versus Judicial SystemsDaniel Zimmer11. The Fairness Debate in the USAlbert Foer12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHRMaciej Bernatt Discussion Report (CARS)Index