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See version in english EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights, Andreas SCORDAMAGLIA-TOUSIS

BIBLIOGRAPHIE : SCORDAMAGLIA-TOUSIS Andreas, Kluwer Law International, 2013, 592 p.

EU Cartel Enforcement : Reconciling Effective Public Enforcement with Fundamental Rights, Andreas SCORDAMAGLIA-TOUSIS

Andreas Scordamaglia-Tousis

The author of this book is currently an associate at the Brussels office of Latham & Watkins and he practices EU and Greek competition law. Moreover, he holds a Ph.D. in law from the European University Institute in Florence, where he studied the interaction between EU competition law enforcement and fundamental rights.

This book is divided in nine chapters. The first introduces the topic at issue and raises several questions in order to draw the reader’s attention. The second gives an overview of fundamental rights protection in EU competition law. The third stresses the European enforcement system and the due process institutional requirements. The fourth concentrates on cartel investigations and fundamental rights. The fifth gives more information on the legal qualification of a cartel infringement and effective enforcement. The sixth explains the rules of evidence in EU cartel proceedings and fundamental rights. The seventh deals with the rules of attribution of liability and the reconciliation of effective deterrence with the principle of the presumption of innocence. The eighth highlights the rules of cartel fining and fundamental rights. The ninth draws a general conclusion.

The author demonstrates that “EU cartel law is a topical issue” (cf. Menarini decision and the Schindler case) and that it is time to assess its enforcement and compatibility with the due process requirement and article 6 ECHR. The EU cartel law is subject to a test of legitimacy and rationality in this book. The author considers that the balance between a full protection of human rights and the effective enforcement of cartel law constitutes a challenge which has been respected more or less until now. Nevertheless, further incentives for improvement are still necessary.

To sum up, the legal analysis of the author is impressive (various references), nuanced and accurate. He goes directly to the point in a clear language. Furthermore, he enables the reader to fully grasp the cartels’ case law of the EU General Court, the European Court of Justice and the European Court of Human Rights. This book is highly useful for academics and practitioners and it has the potential to become a key reference for this topic.

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Quotation

David Leys, EU Cartel Enforcement: Reconciling Effective Public Enforcement with Fundamental Rights, Andreas SCORDAMAGLIA-TOUSIS, February 2014, Concurrences Review N° 1-2014, Art. N° 62428, p. 265

Editor Wolters Kluwer Law & Business

Date 26 August 2013

Number of pages 592

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