Due Process and Fair Trial in EU Competition Law

The Impact of Article 6 of the European Convention on Human Rights


In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights.
The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
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Cristina Teleki, Ph.D. (2020) is a lawyer who worked at the European Court of Human Rights, the European Commission and the International Committee of the Red Cross. Her research focuses on fundamental rights and EU law.
Series Editors: Prof. Fabian Amtenbrink, Erasmus University Rotterdam and Prof. Ramses A. Wessel, University of Groningen
List of Tables and Figures

 1 Scope
 2 Methodology


1 Central Issues of Research
 1.1 EU Competition Law – A Paradox within EU Law
 1.2 The ECtHR – System Design as a Predictor of Success
 1.3 ECtHR as a Self-Regulating Tribunal

2 Supporting Issues
 2.1 Systems Theory and Social Sciences
 2.2 The New Public Management Movement
 2.3 Peoples, Consumers and Citizens
 2.4 Accession of the EU to the echr
 2.5 The Charter of Fundamental Rights of the EU

3 A Foot in the Past: Existing Literature
 3.1 Legal Philosophy
 3.2 A Renewed Debate on Human Rights
 3.3 A Renewed Imagining of the Trial
 3.4 Competition Policy
 3.5 Competition Policy and Fundamental Rights

The Dynamic Evolution of the Right to a Fair Trial

 Introduction to Part 2

4 The Right to a Fair Trial
 4.1 Formulation and Importance of Article 6(1) echr
 4.2 Influence of the Case-law of the ECtHR on Domestic Legislation
 4.3 External Influences on the Case-law of the ECtHR

5 Applicability of Article 6(1) ECHR
 5.1 Maintaining Pockets of State Sovereignty
 5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations”
 5.3 Applicability of Article 6(1) ECHR to “Criminal Charges”

6 The Right to a Fair Trial – A Tool for Self-Regulation
 6.1 The Process Towards Justiciability
 6.2 The Role Played by the Academic Community
 6.3 The Zeitgeist
 6.4 Cooperation with the ECtHR – Four Possible Models

Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU

 Introduction to Part 3

7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s
 7.1 The Rise of the Administrative State, Delegation and IRA s
 7.2 The UNCTAD
 7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities
 7.4 International Competition Network
 7.5 Independence of European Regulators
 7.6 The European Competition Network
 7.7 Empowering NCA s – Directive 1/2019
 7.8 The Difficult Case for the Independence of the European Commission

8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal
 8.1 Established by Law
 8.2 Independence
 8.3 Impartiality
 8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality

9 The Structure of the European Commission as Enforcer of Competition Law
 9.1 The European Commission as a Political Institution
 9.2 The European Commission as an Autonomous Bureaucracy

10 The Procedure for Enforcement of Article 101 and 102 tfeu
 10.1 The Investigation Phase
 10.2 Prohibition Procedure
 10.3 Commitments Procedure
 10.4 Procedure for Rejection of Complaints
 10.5 Settlement Procedures

11The Commission’s Powers of Investigation
 11.1 Sanctions
 11.2 Leniency
 11.3 Sector Inquiries
 11.4 Requests for Information
 11.5 The Power to Take Statements
 11.6 Powers of Inspection

12 Limits on the Commission’s Powers of Investigation
 12.1 General Principles of Limitation
 12.2 The Rights of the Defence

13 A Risk-Based Framework for Safeguarding the European Commission’s Independence
 13.1 Identifying the Risks to Independence in EU Competition Law Proceedings
 13.2 Mitigating the Identified Risks

Fair Trial and Judicial Review of EU Competition Law

 Introduction to Part 4

14 Case-law of the ECtHR on the Right to an Effective Judicial Review
 14.1 Judicial Review in Administrative Law Disputes
 14.2 Judicial Review in Disputes Involving “Criminal Charges”
 14.3 Judicial Review in Banking Law Disputes
 14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review

15Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models
 15.1 Exercise of Administrative Discretion within Polycentric Issues
 15.2 Exercise of Administrative Discretion for Monocentric Issues
 15.3 Exercise of Administrative Discretion as Policing Power

16 Case-law of EU Courts on the Right to an Effective Judicial Review
 16.1 Right to Effective Judicial Protection
 16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design
 16.3 Limited Review of Legality – Design by Self-Interpretation
 16.4 Unlimited Review of Fines
 16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines
 16.6 The Right to a Fair Legal Process in EU Law

17Is Judicial Review A Cure for Bigness?
 17.1 Adjudication and Economic Evidence
 17.2 Adjudication and the Administrative Man
 17.3 Adjudication, Bias and Monoculture
 17.4 Adjudication and Problems of Organized Complexity

Step into the Future: Bigness and Judicial Power
Works Cited

Lawyers and researchers interested generally in fundamental rights, EU competition law and the interplay between the two or particularly in due process, independent decision-making or judicial review.
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