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Vol 24 No 1 Jan/Feb 2019

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Cover of Blackstone's Civil Practice 2019

Blackstone's Civil Practice 2019

Edited by: Stuart Sime, Derek French
Price: £325.00

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Presumption of Innocence in EU Anti-Cartel Enforcement


ISBN13: 9789004384668
Published: December 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

In this book Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention.

Arguing that EU anti-cartel procedure involves a criminal, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

Subjects:
Competition Law