PRESUMPTION OF INNOCENCE IN EU ANTI-CARTEL ENFORCEMENT
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- Author: AISTE MICKONYTE
- ISBN: 9789004384668
- Availability: In Stock
Buy PRESUMPTION OF INNOCENCE IN EU ANTI-CARTEL ENFORCEMENT | Law Books , FOREIGN BOOKS
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.