Due Process and Fair Trial in EU Competition Law : : The Impact of Article 6 of the European Convention on Human Rights / / Cristina Teleki.

• Superior document: Nijhoff Studies in European Union Law Series ; Volume 18.
• VerfasserIn: Teleki, Cristina,
• Place / Publishing House: Leiden, Netherlands : : Koninklijke Brill nv,, [2021]; ©2021
• Year of Publication: 2021
• Edition: First edition.
• Language: English
• Series: Nijhoffs historische monografieën ; Volume 18.
• Physical Description: 1 electronic resource (392 pages)

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory. Readership: Lawyers and researchers interested generally in fundamental rights, EU competition law and the interplay between the two or particularly in due process, independent decision-making or judicial review.

Table of Contents

Central issues of research -- Supporting issues -- A foot in the past : existing literature -- The right to a fair trial -- Applicability of Article 6 (1) ECHR -- The right to a fair trial : a tool for self regulation -- The debate on independence at the crossroads of the administrative state, delegation and IRAs -- The case-law of the ECtHR on the right to an independent and impartial tribunal -- The structure of the European Commission as enforcer of competition law -- The procedure for enforcement of Article 101 and 102 of TFEU -- The Commission's powers of investigation -- Limits on the Commission's powers of investigation -- A risk-based framework for safeguarding the European Commission's independence -- Case-law of the ECtHR on the right to an effective judicial review -- Relevance of the ECtHR's case-law on the right to judicial review : a story of three models -- Case-law of EU courts on the right to an effective judicial review -- Is judicial review a cure for bigness?