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Conceptualising Procedural Fairness in EU Competition Law (eBook)


ISBN13: 9781509935420
Published: September 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £34.19
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What constitutes a fair procedure when it comes to EU competition law?

This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed:

  • the KME-Chalkor cases
  • the Groupe Gascogne case
  • the regulatory question about using collective redress mechanism for private enforcement of EU competition law

This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.

Subjects:
Competition Law, eBooks
Contents:
1. The Problem of Procedural Fairness
I. Procedural Fairness in EU Competition Law
A. The KME/Chalkor Argument
B. The Elements of KME/Chalkor Dilemma
C. The KME/Chalkor Dilemma in Context
II. Towards a Conceptualisation of Procedural Fairness
2. The Essence of a Procedure
I. Differentiating Procedural Law and Substantive Law
II. Procedures as a Social Institution
III. The Institutional Elements of an Adjudicative Procedure
A. Instrumental Structure
i. Constitutive Rules
ii. Culture
iii. Sanctions
B. Normative Function
i. The Deontological View
ii. The Consequential View
iii. The Functional Essence of a Procedure
IV. Towards a Conceptualisation of a Fair Adjudicative Procedure
3. The Structure and Function of EU Competition Procedures
I. The Normative Purpose of EU Competition Law
II. Stakeholders and Stakes in Competition Proceedings
A. The Main Stakeholders
B. The Main Stakes
III. The Structure of the EU's Competition Law Procedure
IV. Instrumental Structure and Normative Function
A. The Constitutive Rules of EU Competition Law Procedure
B. The Institutional Culture of DG Competition
C. The Procedure before the CJEU
D. Institutional Sanctions
V. Arguments about Procedural Fairness in EU Competition Law
4. Ethics for Procedural Architects
I. Ethics and Legal Theory
II. Ethics beyond Legal Theory
A. The Social Contract Narrative
B. Hobbesian Ethics and Game Theory
C. Contractarian Ethics and Democratic Institutions
III. Ethics as the Dark Matter of the Law
5. The Model of Fair Rules
I. The Role of the Rule Architect
II. Rulemaking as a Decision Problem
III. The Elements of the Model of Fair Rules
A. The Policy Objective of a Rule
B. Unifi cation of Moral and Efficiency Claims
C. Interpersonal Comparison of Stakeholder Claims
D. Registration of Preferences into Pay-off Matrices
E. Identifying Fair and Efficient Rules
IV. The Utility of a Model for Identifying Fair Rules
6. Analysis of Three Fairness Dilemmas
I. The KME/Chalkor Cases
A. Analysis of the Cases
B. Subsequent Developments
C. The Court's Approach to the Fairness Issue
II. The Groupe Gascogne Cases
A. Analysis of the Cases
B. The Court's Approach to the Fairness Issue
III. Collective Redress for Private Enforcement of Competition Law
A. Analysis of the Legislative Dilemma
B. The Commission's Approach to the Fairness Issue
IV. Symptoms of an Underdeveloped Theory of Procedural Fairness
7. An Argument for a Data-based Democracy
I. Conceptualisation of Procedural Fairness in EU Competition Law
II. Solving Fairness Issues in EU Competition Procedure
A. Applying the Model of Fair Rules
i. Step 1: Identifying the Primary Policy Objective
ii. Step 2: Preference Function
iii. Step 3: Preference Index
iv. Step 4: Preference Matrices
v. Step 5: Identifying Fairness
B. Assessing the Utility of the Model
III. Technocracy and the Making of Laws
IV. Data-based Democracy for Regulating EU Competition Procedure

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
Published June 2024
Hart Publishing
£44.99
Competition Law and Economic Inequality ISBN 9781509959235
Published December 2022
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£95.00
Competition Law and Economic Inequality (eBook) ISBN 9781509959242
Published December 2022
Hart Publishing
£40.49
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
Published June 2022
Hart Publishing
£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
Hart Publishing
£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
Hart Publishing
£95.00
£37.79
(ePub)
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Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
Hart Publishing
Price on Application
(ePub)
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Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
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Price on Application
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
Published September 2020
Hart Publishing
£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
Hart Publishing
£95.00
£34.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£34.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£28.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£39.99
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
Hart Publishing
£85.00
£33.29
(ePub)
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The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£85.00
£31.49
(ePub)
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£31.49
(ePub)
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The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£90.00
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
Hart Publishing
£80.00
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published December 2016
Hart Publishing
£26.09
(ePub)
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The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published November 2016
Hart Publishing
£95.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
Hart Publishing
£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published June 2016
Hart Publishing
£43.99
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£130.00
£117.00
(ePub)
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The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
Hart Publishing
£33.99
£144.00
(ePub)
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£160.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£28.79
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
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£85.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
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£130.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
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£39.59
(ePub)
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
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£150.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
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£95.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
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£85.50
(ePub)
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Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
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£171.00
(ePub)
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Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
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£190.00
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
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£140.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
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£126.00
(ePub)
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Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£117.00
(ePub)
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
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£130.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
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£81.00
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
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£90.00
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned