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whelan peter - parental liability in eu competition law

Parental Liability in EU Competition Law A Legitimacy-Focused Approach




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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 08/2023





Note Editore

In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.




Sommario

1 - EU-Level Parental Antitrust Liability and the Crucial Issue of Its Legitimacy
2 - Assessing the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability
3 - 'Undertaking' and Its Legal Implications
4 - Determining the Constituent Elements of an Undertaking
5 - The Constituent Elements of an Undertaking to Which an Infringement Can Be Imputed
6 - The Specifics of the Doctrine: Imputing the Competition Law Violation to the Parent Company
7 - The EU-Level Approach to Parental Liability and Its Impact on the Imposition and Construction of Antitrust Fines
8 - The EU-Level Approach to Parental Liability and Its Interaction with Other Enforcement Policies and Doctrines
9 - Deterrence in EU Competition Law and Its Relevance to Parental Liability
10 - Employing Deterrence Theory to Justify Parental Liability for Competition Violations
11 - The Applicability to EU-Level Enforcement of the Deterrence-Based Justification for Parental Liability
12 - The Deterrence-Based Rationale and the Scope and Substance of the EU-Level Doctrine of Parental Antitrust Liability
13 - The Deterrence-Based Rationale and the Specific Implications of the EU-Level Doctrine of Parental Antitrust Liability
14 - Retribution and Its Relevance to the EU-Level Doctrine of Parental Liability
15 - The Personal Responsibility of the Parent Company for the Competition Law Violation of Its Subsidiary
16 - EU Law and Its Consideration of Retribution under the Doctrine of Parental Antitrust Liability
17 - A Problematic Mismatch between EU Jurisprudence on Parental Liability and Principle
18 - Parental Liability and the Principle of Ne Bis In Idem
19 - The EU-Level Doctrine of Parental Liability and the Presumption of Innocence
20 - Justifying in Principle the 100% Shareholding Presumption: An Alternative (Proportionality-Focused) Assessment
21 - A Proposal for a More Legitimate Approach to Parental Liability in EU Competition Law




Autore

Professor Peter Whelan is a Professor of Law at the School of Law, University of Leeds, where he is the Director of the Centre for Business Law and Practice. He has a PhD in Law from St John's College, University of Cambridge, and is a qualified US Attorney-at-Law. His work on competition law has been cited in European, African and South American judgments. He is a Non-Governmental Advisor to the International Competition Network and is a member of the United Nations Working Group on Cross-Border Cartels. To date Peter has presented his research in over thirty countries, across six continents.










Altre Informazioni

ISBN:

9780198844839

Condizione: Nuovo
Dimensioni: 257 x 37.0 x 184 mm Ø 1212 gr
Formato: Copertina rigida
Pagine Arabe: 624


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