Dawn Raids under Challenge : Due Process Aspects on the European Commission's Dawn Raid Practices / Helene Andersson.

Format:

Book

Author/Creator:

Andersson, Helene, author.

Series:

Hart Studies in Competition Law.

Hart Studies in Competition Law

Language:

English

Subjects (All):

Antitrust law--European Union countries.

Antitrust law.

Competition.

Restraint of trade.

Physical Description:

1 online resource (345 pages)

Edition:

2nd ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever. The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.

Contents:

Part I: Overview 1. Introduction 2. Enforcement of the EU Competition Rules 3. Fundamental Rights in the EU 4. Criminal Sanctions Part II: The Inspection: Is There a Clash between EU and Convention Systems? 5. Introduction to Part II 6. The Right to Enter 7. Dawn Raids in Sector Inquiries 8. Once Inside: Measures Taken During the Inspection 9. The Privilege against Self-Incrimination 10. Legal Professional Privilege 11. Access to Courts 12. Dawn Raids at Non-business Premises 13. Dawn Raids in New Settings Part III: Summing Up 14. Conclusions

Notes:

Includes bibliographical references and index.

ISBN:

9781509969456

1509969454

9781509969432

1509969438

9781509969449

1509969446

OCLC:

1432589308