Description

This is an extraordinarily useful book for anyone practicing in the area of competition law before the European Commission or the European Courts. It focuses on procedure in the four principal fields that entail enforcement of substantive competition rules: antitrust, merger, anti-dumping/anti-subsidies, and state aid. The author proposes modifications in the four procedures that eliminate unnecessary differences among them, save time and money, and offer better protection of the rights of the concerned parties while preserving effective enforcement of the relevant rules.

Each of the first four chapters offers an in-depth analysis of the rights and obligations of the private parties concerned in proceedings in each of the four fields, from their initiation up to termination by the adoption of specific measures as appropriate. Three comparative tables, which consolidate the analysis made in these chapters, introduce the fifth chapter, which provides detailed comparative analysis and proposals for reform.

Among the many practical issues raised are the following:

• the obligations of an undertaking during the fact-finding procedure of the Commission in antitrust cases;
• the extent to which the right to confidential communication between lawyer and client in antitrust cases is recognized by the European Commission and the European Courts;
• the existence of a right to silence to avoid self-incrimination in antitrust cases;
• the right to respect for confidentiality and the right to be heard during the preliminary fact-finding procedure of the Commission in antitrust cases;
• the right of access to the Commission file in antitrust cases;
• the right to a fair hearing in merger and anti-dumping/anti-subsidies cases;
• the right of directly involved parties to bring an action before the European Courts in anti-dumping/anti-subsidies and state aid cases;
• the rights of the complainants in antitrust cases;
• the right to a fair hearing in antitrust cases;
• the rights and obligations of beneficiaries in state aid cases;
• the applicability of Article 6 of the European Convention of Human Rights to EU antirust procedures; and
• complaints in state aid cases.

  The book will be very useful in planning the handling of a case, as it describes the procedure and the rights and obligations of all parties from first to last. The author¿s analysis draws on all the relevant judgments of the European Courts, and the book comes with a wealth of reference material, including detailed footnotes, lists of legislation and cases in both chronological and alphabetical order, and an extensive bibliography.

  Law firms specializing in European competition law, Commission judges and case-handlers, and lawyers defending enterprises are among the practitioners who will benefit greatly by using this book. As the only book that contains an in-depth analysis of the rights and obligations of the parties in all the four fields and in a comparative perspective, it is also uniquely valuable to jurists and academics.

List of Abbreviations. List of Legislation. List of Case-Law. Introduction. Chapter I: Rights and Obligations of the Parties in Antitrust Cases. 1 . Introduction. 2. Initiation of an antitrust procedure: The right to file a complaint. 3. Obligations of the private parties during the fact-finding procedure of the commission. 4. Rights of the private parties during the fact-finding procedure of the commission. 5. The right of the private parties to a fair hearing during the final procedure leading to a decision terminating the alleged infringement of the competition rules. Chapter II: Rights and Obligations of the Parties in Merger Cases. 1. Introduction. 2. The position of the parties to a concentration and of other involved parties. 3. The position of third parties. 4. The right to bring an action before the European Courts against the various commission decisions.Chapter III: Rights and Obligations of the Parties in Anti-dumping/Anti-Subsidies Cases. 1. Introduction. 2. Initiation of an anti-dumping or anti-subsidies procedure: The right to file a complaint. 3. Obligations and rights of the parties after the initiation of proceedings. 4. The right to bring an action before the European Courts against the various commission decisions Chapter IV: Rights and Obligations of the Parties in State Aid Cases 1 Introduction. 2. Notification of state aid plans. 3. Complaints to the commission in state aid procedures.4 Rights of the interested parties during the examination of the notification in the preliminary phase of the procedure. 5. Rights and obligations of the parties during the formal investigation procedure under article 88(2). 6. Obligations of the member states during the procedure in unnotified aid cases - monitoring of approved aid measures. 7. The right to bring an action before the European Courts against the various decisions of the commission in state aid cases. Tables Chapter V: Comparison of the Procedures in the Four Fields - Identification of the Differences - Justification - Proposals for Reform. 1. The nature of the proceedings in the four fields. 2. Due process in European Community Law. 3. Rights and obligations of complainants during the examination of their complaints. 4. Rights and obligations during the fact-finding procedure of the commission. 5. The right to a fair hearing prior to the adoption of the final decision. Conclusions. Bibliography.