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Dawn Raids Under Challenge

Autor Helene Andersson
en Limba Engleză Paperback – 18 dec 2025
The 2nd edition of this book provides an updated comprehensive analysis of the European Commission's dawn raid practices from a due process perspective. Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced. The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever.The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission's enforcement powers.
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Specificații

ISBN-13: 9781509969463
ISBN-10: 1509969462
Pagini: 344
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.45 kg
Ediția:2nd edition
Editura: BLOOMSBURY ACADEMIC

Caracteristici

Provides a comprehensive analysis of the rights and obligations of those targeted by the European Commission's inspections

Notă biografică

Helene Andersson is a Lecturer in Law at the University of Stockholm.


Cuprins

Part I: Overview1. Introduction 2. Enforcement of the EU Competition Rules 3. Fundamental Rights in the EU 4. Criminal Sanctions Part II: The Inspection: Is There a Clash between EU and Convention Systems?5. Introduction to Part II 6. The Right to Enter 7. Dawn Raids in Sector Inquiries 8. Once Inside: Measures Taken During the Inspection 9. The Privilege against Self-Incrimination 10. Legal Professional Privilege 11. Access to Courts 12. Dawn Raids at Non-business Premises Part III: Summing Up13. Conclusions


Recenzii

This book is not only of practical interest for both companies and practitioners, but also of theoretical interest, since it offers stimulating ideas for the effectiveness and legitimacy of EU competition law. (Translated from the original French)
[T]his book provides a comprehensive, insightful analysis of the current state of the relevant law and jurisprudence of those fundamental rights that are critical in the context of Commission dawn raids... This book is the result of thorough research and provides an excellent starting point for further discussions on the appropriate scope and limitations of the Commission's investigatory powers.
Dawn Raids Under Challenge represents an exhaustive contribution to the debate on the compliance of the EU competition enforcement framework with European human rights' standards... This book is extremely well researched and tightly argued and will be of great interest of academics and practitioners.
Andersson presents her study in a scrupulous and objective way, acknowledging the importance of both interests concerned... I definitely recommend the reviewed book to both practitioners and researchers specializing in competition law.

Descriere

Descriere de la o altă ediție sau format:

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.