Procedural Fairness in Competition Proceedings

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

Contents :

Preface
Paul Nihoul and Tadeusz Skoczny

PART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS
1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not Fair
Caron Beaton-Wells

2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition for Effective Decentralised EU Competition Law Enforcement
Pieter Van Cleynenbreugel

3. ‘Human Rights’ Protection for Corporate Antitrust Defendants: Are We Not Going Overboard?
Albert Sanchez Graells and Francisco Marcos

4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary Precondition
Amedeo Arena

PART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD
5. Competition Enforcement: A Look at Inspections
Maria De Benedetto

6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011
Giacomo Di Federico

7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEU
Krystyna Kowalik-Bańczyk

8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages Directive
Clifford A. Jones

9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to Participate
Luboš Tichý and Petra Joanna Pipková

PART III RIGHT TO JUDICIAL REVIEW
10. Competition Law Enforcement: Administrative versus Judicial Systems
Daniel Zimmer

11. The Fairness Debate in the US
Albert Foer

12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States?
Marco Botta and Alexandr Svetlicinii

13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHR
Maciej Bernatt

Discussion Report (CARS)

Index