Presumption of Innocence in EU Anti-Cartel Enforcement


In this monograph, Aistė 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 is criminal within the meaning of the Convention, 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.

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Dr. Aistė Mickonytė, LL.M. (2017), University of Graz, Austria, is Scientist at the University of Graz. Recently she has published on EU law perspectives on the right to a name, freedom of religion and freedom to conduct business.
'The book undoubtedly highlights the importance of the presumption of innocence in the debate on the acceptability of the EU level doctrine of parental liability for antitrustviolations,and for that its author should be applauded.' Peter Whelan, Common Market Law Review Volume 57, Issue 3 (2020) pp. 958 – 960.
All interested in International and European law, comparative law and human rights.