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Access and Cartel Cases - Ensuring Effective Competition Law Enforcement (Hardcover)
Loot Price: R3,302
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Access and Cartel Cases - Ensuring Effective Competition Law Enforcement (Hardcover)
Series: Hart Studies in Competition Law
Expected to ship within 12 - 17 working days
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This book examines the legislative patchwork surrounding access to
the European Commission's cartel case files. Recent legislative
changes have increased the value of the files and have also
highlighted the inherent tension between a number of competing
interests affecting their accessibility. The Commission is
undoubtedly caught between a rock and a hard place, charged with
the task to ensure due process, transparency and effectiveness
while at the same time promoting both public and private
enforcement of the EU competition rules. The author considers how
best to ensure a proper balance between the legitimate, but often
diverging interests of parties, third parties and national
competition authorities in these cases. The book provides a unique
and comprehensive presentation of the EU legislation and case law
surrounding access to the Commission's cartel case files. The
author examines the question of accessibility from three different
perspectives: that of the parties under investigation, cartel
victims, and national competition authorities. The author also
considers the EU leniency system and whether any legislative
changes could make the attractiveness of the system less dependent
on the possibilities of cartel victims to access the evidence
contained in the Commission's case files.
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