Criminal law principles and the enforcement of EU and national competition law : a silent takeover?
- Full Title:
- Criminal law principles and the enforcement of EU and national competition law : a silent takeover?
- Veenbrink, Marc.
- Statement of Responsibility:
- Marc Veenbrink
- International competition law series
- Series Volume:
- 491 p.
- Criminal Law Principles and the Enforcement of EU and National Competition Law offers the first book-length study of whether courts do indeed apply criminal law...
Summary:Criminal Law Principles and the Enforcement of EU and National Competition Law 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. 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. It is shown that criminal law has some impact on the administrative law enforcement of the competition law rules, albeit in a somewhat incoherent and fragmentised manner.
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.
- • Foreword • CHAPTER 1: Setting the Scene • CHAPTER 2: ECHR and EU Criminal Law • CHAPTER 3: Dutch Criminal Law • CHAPTER 4:...
Contents:• Foreword • CHAPTER 1: Setting the Scene • CHAPTER 2: ECHR and EU Criminal Law • CHAPTER 3: Dutch Criminal Law • CHAPTER 4: English Criminal Law • CHAPTER 5: EU Competition Law • CHAPTER 6: Dutch Competition Law • CHAPTER 7: UK Competition Law • CHAPTER 8: The (Potential) Impact of Criminal Law Principles on the Administrative Law Enforcement of Competition Law • CHAPTER 9: Conclusion and Recommendations • APPENDIX I: Case Law on the Proportionality of Competition Law Sanctions in the EU • APPENDIX II: Case Law on the Proportionality of Competition Law Sanctions in the Netherlands • Bibliography • Table of Cases • Table of Decisions • Table of Treaties, Legislation and Guidelines • Other Sources • Index
- Publisher & Date:
- AH Alphen aan den Rijn : Kluwer, 2020.
- Date of Publication:
- C 141.10
- 9789403514345 (hbk)
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|C 141.10 Vee 2020||General collection||On Shelf||-||For regular loan|
In the Library
C 141.10 Vee 2020