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Safeguarding Companies' Rights in Competition and Anti-dumping/Anti-subsidies Proceedings (Hardcover, 2nd New edition)
Loot Price: R4,987
Discovery Miles 49 870
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Safeguarding Companies' Rights in Competition and Anti-dumping/Anti-subsidies Proceedings (Hardcover, 2nd New edition)
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This is an extraordinarily useful book for anyone practicing in the
area of competition law before the European Commission or the
European Courts. It focuses on procedure in the four principal
fields that entail enforcement of substantive competition rules:
antitrust, merger, anti-dumping/anti-subsidies, and state aid. The
author proposes modifications in the four procedures that eliminate
unnecessary differences among them, save time and money, and offer
better protection of the rights of the concerned parties while
preserving effective enforcement of the relevant rules. Each of the
first four chapters offers an in-depth analysis of the rights and
obligations of the private parties concerned in proceedings in each
of the four fields, from their initiation up to termination by the
adoption of specific measures as appropriate. Three comparative
tables, which consolidate the analysis made in these chapters,
introduce the fifth chapter, which provides detailed comparative
analysis and proposals for reform. Among the many practical issues
raised are the following: the obligations of an undertaking during
the fact-finding procedure of the Commission in antitrust cases;
the extent to which the right to confidential communication between
lawyer and client in antitrust cases is recognized by the European
Commission and the European Courts; the existence of a right to
silence to avoid self-incrimination in antitrust cases; the right
to respect for confidentiality and the right to be heard during the
preliminary fact-finding procedure of the Commission in antitrust
cases; the right of access to the Commission file in antitrust
cases; the right to a fair hearing in merger and
anti-dumping/anti-subsidies cases; the right of directly involved
parties to bring an action before the European Courts in
anti-dumping/anti-subsidies and state aid cases; the rights of the
complainants in antitrust cases; the right to a fair hearing in
antitrust cases; the rights and obligations of beneficiaries in
state aid cases; the applicability of Article 6 of the European
Convention of Human Rights to EU antirust procedures; and
complaints in state aid cases. The book will be very useful in
planning the handling of a case, as it describes the procedure and
the rights and obligations of all parties from first to last. The
author's analysis draws on all the relevant judgments of the
European Courts, and the book comes with a wealth of reference
material, including detailed footnotes, lists of legislation and
cases in both chronological and alphabetical order, and an
extensive bibliography. Law firms specializing in European
competition law, Commission judges and case-handlers, and lawyers
defending enterprises are among the practitioners who will benefit
greatly by using this book. As the only book that contains an
in-depth analysis of the rights and obligations of the parties in
all the four fields and in a comparative perspective, it is also
uniquely valuable to jurists and academics.
General
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