Date: 2020
Type: Book
Conceptualising procedural fairness in EU competition law
Oxford ; New York : Hart Publishing, 2020, Hart studies in competition Law ; Vol. 26
KARLSSON, Haukur Logi, Conceptualising procedural fairness in EU competition law, Oxford ; New York : Hart Publishing, 2020, Hart studies in competition Law ; Vol. 26
- https://hdl.handle.net/1814/69495
Retrieved from Cadmus, EUI Research Repository
What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.
Table of Contents:
-- Part 1. The problem of procedural fairness -- i. Procedural fairness in EU competition law -- ii. Towards a conceptualisation of procedural fairness – part 2. The essence of a procedure -- i. Differentiating procedural law and substantive law -- ii. Procedures as a social institution -- iii. The institutional elements of an adjudicative procedure -- iv. Towards a conceptualisation of a fair adjudicative procedure -- 3. The structure and function of EU competition procedures -- i. The normative purpose of EU competition law -- ii. Stakeholders and stakes in competition proceedings -- iii. The structure of the EU's competition law procedure -- iv. Instrumental structure and normative function -- v. Arguments about procedural fairness in EU competition law -- 4. Ethics for procedural architects -- i. Ethics and legal theory -- ii. Ethics beyond legal theory -- iii. Ethics as the dark matter of the law -- 5. The model of fair rules -- i. The role of the rule architect -- ii. Rulemaking as a decision problem -- iii. The elements of the model of fair rules -- iv. The utility of a model for identifying fair rules -- 6. Analysis of three fairness dilemmas -- i. The Kme/Chalkor cases -- ii. The groupe Gascogne cases -- iii. Collective redress for private enforcement of competition law -- iv. Symptoms of an underdeveloped theory of procedural fairness -- 7. An argument for a data-based democracy -- i. Conceptualisation of procedural fairness in EU competition law -- ii. Solving fairness issues in EU competition procedure -- iii. Technocracy and the making of laws -- iv. Data-based democracy for regulating EU competition procedure
Cadmus permanent link: https://hdl.handle.net/1814/69495
ISBN: 9781509935413
Publisher: Hart Publishing
Initial version: http://hdl.handle.net/1814/48005
Version: Published version of EUI PhD thesis, 2017
