Access and Cartel Cases - Ensuring Effective Competition Law Enforcement

Informationen zum Autor Helene Andersson is Lecturer in Law at the University of Stockholm. Vorwort This book offers a clear coherent framework for regulating access to EU competition law case files. Zusammenfassung 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. Inhaltsverzeichnis Introduction I. Aim and Scope of this Book II. Setting the Scene III. Outline PART ITHE LEGISLATIVE FRAMEWORK 1. The Rules Governing Access I. Public Access to Documents Held by the EU Institutions 2. Fundamental Rights Protection in the EU I. Historic Background to EU Fundamental Rights Protection II. The Role of the ECHR within the EU Fundamental Rights RegimeIII. The Criminal Nature of Competition Law Proceedings IV. The Legal Framework Surrounding Party Access PART IINATIONAL COMPETITION AUTHORITIES 3. Information Exchange between Competition Authorities I. Information Exchange – A Sine Qua Non of Effective Cartel Enforcement? II. The Territorial Reach of EU Competition Law III. Safeguarding Fundamental Rights IV. Cooperation Reaching Outside the EU V. Information Exchange Within the ECN VI. Information Exchange – Concluding Remarks PART IIIPARTIES AND COMPLAINANTS 4. Targeted Companies’ Right to Access the File I. Access to the File – Emergence of the Right II. Access to the File – The Legislative Framework III. When Should Access be Granted? V. Consequences of the Commission’s Failure to Grant Access VI. The Parties’ Use of the Information Obtained from the Commission VII. Does the EU Standard Meet the ECHR Standard? VIII. Access to the File – Concluding Remarks 5. Third Parties’ Right to Access Documents in the Capacity of Complainants or Interveners I. The Regulatory Framework II. The Courts’ Case Law III. Concluding Remarks PART IVTHIRD PARTIES AND THE ROLE OF THE LENIENCY PROGRAMME 6. Seeking Access under the Transparency Regulation I. Seeking Direct Access to the Commission’s File II. The Courts’ Case Law 7. Seeking Access Through National Courts I. The Commission and the National Courts before the Damages Directive II. The Commission and the National Courts aft er the Directive III. International Aspects IV. Concluding Remarks 8. More Detailed Infringements Decisions – The Way Forward? I. The Procedure II. Pergan Hilfsstoff e – Professional Secrecy and the Presumption of Innocence III. AKZO – (Non-) Protection of Leniency Applicants IV. Pilkington – Information Shared between Cartel Members No Longer Confidential V. Evonik Degussa – Protection of Leniency Statements VI. The Court’s Ruling in AGC Glass – The R...

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.

Product details

• Authors: Helene Andersson, Andersson Helene
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 31.12.2020
• EAN: 9781509942480
• ISBN: 978-1-5099-4248-0
• No. of pages: 320
• Series: Hart Studies in Competition La; Hart Studies in Competition Law
• Subject: Social sciences, law, business > Law > International law, foreign law