چالش‌های حملات صبحگاهی: جنبه‌های روند قانونی در شیوه‌های حمله صبحگاهی کمیسیون اروپا

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. Volume 19 in the series Hart Studies in Competition Law Contents Abbreviations Table of Cases Table of Legislation Part I: Overview 1. Introduction I. Scope 2. Enforcement of the EU Competition Rules I. Enforcement of the EU Competition Rules II. International Cooperation and the Effects on EU Antitrust Enforcement III. Enforcement: Concluding Remarks 3. Fundamental Rights in the EU I. The Charter II. Fundamental Rights as General Principles III. The ECHR IV. The Current Role of ECHR Law in EU Fundamental Rights Protection V. Identifying the Role of the ECHR in the EU Legal System: Concluding Remarks 4. Criminal Sanctions I. Competition Law Infringements: A Criminal Offence? II. The ECJ's View on the Criminal Nature of Competition Case III. Conclusion Part II: The Inspection: Is There a Clash between EUand Convention Systems? 5. Introduction to Part II I. Unannounced Inspections: Efficiency v Fundamental Rights 6. The Right to Enter I. Legal Persons and the Right to Privacy II. Ex Ante Review of Inspection Decisions III. Grounds for Suspicion: Can the Commission Go Fishing? IV. The Geographical Scope of Inspection Decisions V. The Previous Handling by National Authorities VI. The Right to Enter: Concluding Remarks 7. Dawn Raids in Sector Inquiries I. Sector Inquiries: Why and When? II. Case Law on the Scope of the Commission's Powers: SEP III. Article 17 and the Possibility of Carrying Out Inspections IV. Dawn Raids in Sector Inquiries: Concluding Remarks 8. Once Inside: Measures Taken During the Inspection I. A Typical Dawn Raid II. Which Information is Fair Game? III. Implications of the Duty to Specify the Subject Matter and Purpose of an Inspection IV. Bringing it Back to Brussels: A Formality or a Fundamental Error? V. Measures Taken on the Basis of Inspection Decisions: Final Remarks 9. The Privilege against Self-Incrimination I. The View of the Strasbourg Court: Part I II. The View of the Strasbourg Court: Part II III. The Strasbourg Case Law: Concluding Remarks IV. The EU Case Law V. The EU Case Law: Conclusion VI. The Privilege against Self-Incrimination: What Conclusions May be Drawn? 10. Legal Professional Privilege I. The Rationale behind the Privilege II. The Strasbourg Court's View on Legal Professional Privilege III. The Scope of Protection Afforded under ECHR Law: Concluding Remarks IV. The ECJ's View on Legal Professional Privilege V. The Scope of Protection Afforded under EU Law: Concluding Remarks VI. Legal Professional Privilege: What Conclusions May be Drawn? 11. Access to Courts I. Interim Measures II. Ex Post Review of Inspection Decisions and Measures Taken on Their Basis III. The Right to Judicial Review: What Conclusions May be Drawn? 12. Dawn Raids at Non-business Premises I. The Legal Framework Surrounding Dawn Raids in Private Homes II. Inspections in Private Homes: The View of the Strasbourg Court III. Inspections at Non-business Premises: Concluding Remarks Part III: Summing Up 13. Conclusions I. General Observations II. Summary of the Findings III. Joining the Dots Bibliography Index 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.-- Provided by Publisher