| Table of cases | |
| Table of legislation | |
| Introduction | p. 1 |
| Introduction: aims and objectives | p. 1 |
| The role of the Commission in competition enforcement: a problem of fairness | p. 2 |
| Outline: the protection of human rights in EC law and competition proceedings: general issues | p. 6 |
| The development of fundamental rights standards in the Community context: perspectives from the ECJ | p. 6 |
| EC fundamental rights principles and the European Convention on Human Rights: the view from Strasbourg | p. 10 |
| Human rights and business entities: the reach of the European Convention on Human Rights in the corporate context | p. 15 |
| Competition enforcement and the reach of Article 6(1) of the ECHR: the nature of the antitrust and merger proceedings in EC law | p. 23 |
| The right to be heard in EC competition proceedings between 'administrative due process' and a right to a 'fair trial' | p. 31 |
| Introduction | p. 31 |
| The light to be heard in EC competition proceedings: from the 'general principles of law' to the Implementing Regulations | p. 31 |
| The right to be heard in administrative proceedings having a 'civil' or 'criminal' nature under the ECHR: the application of Article 6(1) | p. 51 |
| 'Administrative fairness' and competition proceedings: the Commission's enforcement action and Article 6 (1) | p. 55 |
| Access to the evidence in competition proceedings as a 'right of the defence' between professional secrecy and 'equality of arms' | p. 62 |
| Introduction | p. 62 |
| The function and the legal basis of the right of access to the file | p. 63 |
| The scope of the right of access to the file in antitrust and merger proceedings | p. 65 |
| Ensuring the effective exercise of right of access to the file: the role of the Hearing Officer | p. 82 |
| The disclosure of evidence gathered in the course of 'administrative' procedure under the ECHR: a principle of 'equality of arms' Strasbourg style? | p. 86 |
| The right of access to the Commission's file in the light of the ECHR: tentative conclusions | p. 90 |
| Protection against forced disclosure of 'sensitive evidence': the legal professional privilege and the privilege against self-incrimination in EC competition investigations and procedure | p. 92 |
| Introduction | p. 92 |
| The confidential treatment of lawyer-client correspondence in EC law | p. 93 |
| The protection of lawyer-client confidentiality in the European Convention on Human Rights | p. 115 |
| Legal professional privilege in EC law and in the ECHR: towards a redefinition of A.M. & S.? | p. 119 |
| The privilege against self-incrimination in EC competition proceedings | p. 123 |
| Privilege against self-incrimination in EC law and in the European Convention: in search of consistency? | p. 142 |
| Lawyer-client confidentiality and privilege against self-incrimination in EC law and in the ECHR: tentative conclusions | p. 149 |
| Judicial review of competition decisions: a guarantee of fairness in EC competition enforcement? | p. 152 |
| Introduction | p. 152 |
| Judicial review of competition decisions in EC law: access to the Luxembourg courts and scope for judicial scrutiny | p. 154 |
| Judicial control of non-judicial decisions having a 'criminal' and 'civil' character according to Article 6(1) ECHR: what are the requirements of a 'full jurisdiction'? | p. 178 |
| Judicial review of EC competition decisions and the Convention: differing standards? | p. 184 |
| 'Due process' in competition proceedings: from 'centralisation' to Modernisation | p. 188 |
| The Modernisation of the enforcement of Articles 81 and 82 EC Treaty and the right to a 'fair procedure' | p. 189 |
| Introduction | p. 189 |
| The main characteristics of the new framework for the enforcement of Articles 81 and 82 of the EC Treaty: the European Competition Network | p. 190 |
| Case allocation and Community 'due process' in competition proceedings | p. 192 |
| The exchange of information within the ECN and the protection of fundamental rights. The case of legal professional privilege | p. 199 |
| Decentralised application of Articles 81 and 82 EC Treaty in the face of national autonomy as regards procedures and sanctions and its consequences for the position of the investigated undertakings | p. 206 |
| The Modernisation of enforcement of EC competition law: what future for the rights of defence? | p. 219 |
| Conclusions. Regulation 1/2003 and NCAs: towards new (judicial) challenges'? | p. 223 |
| Conclusions: 'Article 6-proofing' EC competition proceedings? | p. 224 |
| Introduction | p. 224 |
| Human Rights and EU competition enforcement: towards a new EU 'due process' clause? | p. 226 |
| Is a 'Competition Court' the response to the needs of the new 'EU due process clause'? The pros and cons of a 'jurisdiction on the merits' in antitrust enforcement | p. 235 |
| Redesigning DG Competition: a separate investigative task force for antitrust cases? | p. 238 |
| Conclusions: the future of Community 'due process' in competition cases | p. 244 |
| Bibliography | p. 246 |
| Index | p. 261 |
| Table of Contents provided by Blackwell. All Rights Reserved. |
