EU Cartel Enforcement —— Reconciling Effective Public Enforcement with Fundamental Rights

----- 协调有效公共执行基本权利的欧盟卡特尔执法

ISBN: 9789041147585 出版年：2013 页码：594 Scordamaglia-Tousis, Andreas Kluwer Law International

There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions.