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 :PrefacePaul Nihoul and Tadeusz SkocznyPART I FAIRNESS AND EFFECTIVENESS IN ANTITRUST PROCEEDINGS 1. Substance and Process in Competition Law and Enforcement. Why We Should Care If It’s Not FairCaron Beaton-Wells2. Effectiveness through Fairness? ‘Due Process’ as an Institutional Precondition for Effective Decentralised EU Competition Law EnforcementPieter Van Cleynenbreugel3. ‘Human Rights’ Protection for Corporate Antitrust Defendants: Are We Not Going Overboard? Albert Sanchez Graells and Francisco Marcos4. The Emergence of a WTO Antitrust Jurisprudence through Cross-fertilisation from other International Antitrust Institutions: The Case for Procedural Fairness as a Necessary PreconditionAmedeo ArenaPART II RIGHT TO DEFENSE AND RIGHT TO BE HEARD5. Competition Enforcement: A Look at InspectionsMaria De Benedetto6. The Role of the Hearing Officer in Antitrust Cases. A Critical Assessment of the New Mandate and Practice after 2011Giacomo Di Federico7. An Elusive Convergence – Rights of Defence in Competition Matters in the Jurisprudence of the CJEUKrystyna Kowalik-Bańczyk 8. Into the Parallel Universe: Procedural Fairness in Private Litigation after the Damages DirectiveClifford A. Jones9. Fairness in State Aid Procedure: A Contribution to the Debate on the Right to ParticipateLuboš Tichý and Petra Joanna PipkováPART III RIGHT TO JUDICIAL REVIEW10. Competition Law Enforcement: Administrative versus Judicial SystemsDaniel Zimmer11. The Fairness Debate in the USAlbert Foer12. The Right of Fair Trial in Competition Law Proceedings; Quo vadis the Courts of the New EU Member States? Marco Botta and Alexandr Svetlicinii13. Deferential Standard of Judicial Review in the light of Article 6 of the ECHRMaciej Bernatt Discussion Report (CARS)Index

‘This book definitely makes an interesting and useful contribution for academic discussion and provides food for thought for law-makers.’