Criminal Law Principles and the Enforcement of EU and National Competition Law PDF Download
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Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 535
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Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: Marc Veenbrink
Publisher: Kluwer Law International B.V.
ISBN: 9403514418
Category : Law
Languages : en
Pages : 535
Get Book Here
Book Description
Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Author: Amy T. Schalet
Publisher: University of Chicago Press
ISBN: 0226736202
Category : Social Science
Languages : en
Pages : 309
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Book Description
Winner of the Healthy Teen Network’s Carol Mendez Cassell Award for Excellence in Sexuality Education and the American Sociological Association's Children and Youth Section's 2012 Distinguished Scholarly Research Award For American parents, teenage sex is something to be feared and forbidden: most would never consider allowing their children to have sex at home, and sex is a frequent source of family conflict. In the Netherlands, where teenage pregnancies are far less frequent than in the United States, parents aim above all for family cohesiveness, often permitting young couples to sleep together and providing them with contraceptives. Drawing on extensive interviews with parents and teens, Not Under My Roof offers an unprecedented, intimate account of the different ways that girls and boys in both countries negotiate love, lust, and growing up. Tracing the roots of the parents’ divergent attitudes, Amy T. Schalet reveals how they grow out of their respective conceptions of the self, relationships, gender, autonomy, and authority. She provides a probing analysis of the way family culture shapes not just sex but also alcohol consumption and parent-teen relationships. Avoiding caricatures of permissive Europeans and puritanical Americans, Schalet shows that the Dutch require self-control from teens and parents, while Americans guide their children toward autonomous adulthood at the expense of the family bond.
Author: A. T. J. M. Jacobs
Publisher:
ISBN: 9789041158932
Category : Industrial relations
Languages : en
Pages : 0
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Book Description
"This book was originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."
Author: Organisation for Economic Co-operation and Development
Publisher: OECD Publishing
ISBN:
Category : Deregulation
Languages : en
Pages : 276
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Book Description
The Dutch experience in regulatory reform has vital lessons about the modernisation of the European welfare state and its integration into the European single market. Regulatory reform is the most recent element in the reshaping of the Dutch model. Following reforms to labour markets and the social welfare system in the 1980s, Dutch governments in the 1990s have sought a "new balance between protection and dynamism" based on competition policy, regulatory reform, and market openness. Today, the Netherlands ranks among the top OECD countries by many measures of economic performance, including employment growth. Though still in its early phases, regulatory reform has already produced major gains for the Netherlands in terms of competitiveness, flexibility, and consumer benefits. Yet major challenges are still to be faced. Some important reforms have been slow, indicating that the balance between domestic consensus-building and policy responsiveness is still being adjusted in the modern Dutch model. Further reforms in many areas will bring important gains in boosting the employment rate, improving sectoral performance, and providing social protection at lower cost. The Netherlands is one of the first OECD countries to request a broad review by the OECD of its national regulatory practices and domestic regulatory reforms. This report -- the result of intensive assessment by the OECD and review by its Member countries -- is unique in that it presents an integrated assessment of regulatory reform in framework areas such as the macroeconomic context, the quality of the public sector, competition policy and enforcement, and integration of market openness principles in regulatory processes, and in sectors such as electricity and telecommunications. The policy recommendations present a balanced plan of action for both short and longer-term based on best international regulatory practices.
Author: George Cumming
Publisher: Kluwer Law International B.V.
ISBN: 9041131922
Category : Law
Languages : en
Pages : 426
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Book Description
For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
Author: David Ormrod
Publisher: Cambridge University Press
ISBN: 9780521819268
Category : Business & Economics
Languages : en
Pages : 428
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Book Description
A work of major importance for the economic history of both Europe and North America.
Author: Jonathan Bikker
Publisher:
ISBN: 9780300249934
Category : Art
Languages : en
Pages : 0
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Book Description
"In a major exhibition, the Städel Museum, together with the National Gallery of Canada, will for the first time address Rembrandt's rise to international fame during his formative years in Amsterdam, between 1630 and 1655. The presentation combines the Städel's collection of works by Rembrandt, including The Blinding of Samson (1636), with outstanding loans from international collections, such as the Rijksmuseum in Amsterdam, the Gemäldegalerie in Berlin, the Gemäldegalerie Alte Meister in Dresden, the National Gallery in London, the Museo del Prado in Madrid, and the National Gallery of Art in Washington, D.C. In this exhibition, Rembrandt's art enters into dialogue with masterpieces by older and younger artists of his time, such as Nicolas Eliasz Pickenoy and Bartholomeus van der Helst, and with brilliant works by his own former students, such as Govaert Flinck and Ferdinand Bol. Rembrandt's pictorial production, and his impact, were surprisingly broad, encompassing landscapes, genre scenes, and still life as well as history paintings and portraits. Groupings of closely related paintings will illuminate Rembrandt's place in Amsterdam's creative network and show how the confrontation with his competitors influenced his artistic development and entrepreneurial ambitions. In Amsterdam, an exceptional number of talented artists competed for the attention and patronage of the wealthy and art-loving middle classes. It was precisely this exciting and stimulating atmosphere that challenged the young artist from Leiden to become the world-famous master still known today as Rembrandt."--
Author: Susanna Fellman
Publisher: Routledge
ISBN: 131769399X
Category : Business & Economics
Languages : en
Pages : 223
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Book Description
Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Author: Helena Röcklinsberg
Publisher: Springer
ISBN: 9086867847
Category : Science
Languages : en
Pages : 542
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Book Description
We are all consumers. What we consume, how, and how much, has consequences of great moral importance for humans, animals, and the environment. Great challenges lie ahead as we are facing population growth and climate change and reduced availability of fossil fuels. It is often argued that key to meeting those challenges is changing consumption patterns among individual as well as institutions, for instance through reducing meat consumption, switching to organic or fair trade products, boycotting or 'buycotting' certain products, or consuming less overall. There is considerable disagreement regarding how to bring this about, whose responsibility it is, and even whether it is desirable. Is it a question of political initiatives, producer responsibility, the virtues and vices of individual consumers in the developed world, or something else? Many of these issues pose profound intellectual challenges at the intersection of ethics, political philosophy, economics, and several other fields. This publication brings together contributions from scholars in numerous disciplines, including philosophy, law, economics, sociology and animal welfare, who explore the theme of 'the ethics of consumption' from different angles.
Author: Alison Jones
Publisher: Oxford University Press
ISBN: 0198723423
Category : Law
Languages : en
Pages : 1373
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Book Description
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
