Cover of Andreas Scordamaglia-Tousis: EU Cartel Enforcement

Andreas Scordamaglia-Tousis EU Cartel Enforcement

Reconciling Effective Public Enforcement with Fundamental Rights

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Wolters Kluwer

2013

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978-90-411-6513-8

90-411-6513-4

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There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions.

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