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This book examines the European Commission''s dawn raid practices in competition cases from a fundamental rights perspective. In recent years, the Commission has adopted a new and more aggressive enforcement policy, amid a growing awareness that cartels and abuse of market power represent an economic harm and need to be punished. In response, enforcement has been strengthened by the grant of more wide-reaching powers to competition authorities. But how does this impact on the framework of fundamental rights? This study seeks to answer that question by examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts. It shows that where the Strasbourg Court has managed to strike a balance between efficiency concerns and the rights of undertakings, the EU courts'' judicial control is not equally balanced. This book is an essential and timely examination of this important question.>
About the author
Helene Andersson is Counsel at Delphi, Sweden. With 25 years in the field, her experience and expertise span the whole range of competition law matters. She has assisted clients in setting up and managing compliance programmes, headed the work related to dawn raid inspections and cartel investigations, defended clients in cartel cases before the Swedish courts, assisted clients with merger filings before both the Swedish Competition Authority and the European Commission, etc.
Helene has a background in academia where she has worked as a researcher and lecturer. In her research, she has mainly focused on due process aspects of EU competition law enforcement. She teaches both EU and competition law at the universities of Stockholm and Uppsala, Sweden. She is also regularly invited to speak at national and international competition law conferences. Photo credit to Niklas Björling.
