Competition law in the European Union has developed from being an uncertain preoccupation of a few economists, lawyers and officials to one of the leading competition law system in the globe. Nonetheless, in agreement with most commentators, there are inherent flaws within the EU Commission’s procedures. This paper aims to provide an account of concerns in the current system, drawing comments from scholars and EU officials in order to demonstrate both benefits and shortcomings of the system. An overview of the legal and policy debate of the current EU Competition enforcement will be presented as the introduction. Policy concerns such as prosecutorial bias and self-incrimination in enforcement powers will be the main subjects for the purpose …show more content…
The main factor in discussion of this paper is the risk of prosecutorial bias in the current Commission system. Combining both investigation and decision function in a single institution has been asserted as an improper decisional structure that makes inferiority decisions. Theoretical reasoning from economists and psychologist are considered in the following debate in order to review whether such risk exists and how it constitutes as a flaw of the system. This potential bias has also been observed by the ECtHR, and stated that it is extremely difficult to measure the impact of it in a case. One can not provide a better examination of prosecutorial bias in EU competition law than scholar Wills; he identifies three possible sources of prosecutorial bias within the current system: Confirmation bias, hindsight bias and policy …show more content…
A desire to justify past efforts in so that they do not waste their ‘scare resources, time or energy.’ This applies to the DG Competition officials where only limited resources, time and energy are devoted to their different tasks in competition enforcement. This bias is termed hindsight bias. Montag claims that ‘it is understandable in human terms that Commission officials sometimes want to push through what they perceive to be ‘their' case.’ This problem could occur when case handlers and hierarchal superiors being reluctant in rejecting their earlier views in the case even substantial or legitimate information arise later in the investigation. In practical terms, case handlers may ignore the information that could adverse to his case, works towards his original aim of constituting a decision in order to justify his past efforts, time, and resources. This explains why ‘arguments put forward by the parties often appear to fall on deaf ears’ Undoubtedly, this raises concerns of the fairness of the decision marking process, hence a flaw is identified in the enforcement process of the
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
“Processor Editorial Article - Antitrust Laws: Not Just For The Big Boys.” Editorial.Processor 19 Nov. 2004: 27+. Processor.com. Web. 29 Nov. 2011 .
Nowadays, trade secrets, sensitive and confidential data has been leaked to competitors and the public has increased in the last 15 years. Under those circumstances, enterprises are kicking it up into high gear to maintain confidentiality and secure intellectual property. All in all, Disney’s confidential/non-compete agreement tackles the pros and cons for signers, view the benefits and hindrances of former employer’s confidential accords, and outlines two important items high-level employees have to adhere to safeguard the company.
This essay will examine key aspects of the recent implementation of the Australian Consumer Law (ACL) 2011, which is the largest overhaul in Consumer Law in Australia in the past twenty five years. The ACL replaces 20 existing State and Territory laws into one national law , the legislation was enacted in two main parts as Schedule 2 of the renamed Trade Practices Act 1974 (Cth) (TPA) - Competition and Consumer Act 2010 (Cth) (CCA) . Aforementioned this essay it will outline the key benefits of the implementation of the act. Furthermore it will critique the Act, whilst exploring the objectives of the legislation.
Many companies and individuals have committed monopolies before they were considered illegal and afterwards. A monopoly is when one person has complete control over a company and makes close to 100% of the profits. Since The Sherman Antitrust Act passed on April 8, 1890, “combination in the form of trust and otherwise, conspiracy in restraint of trade;” monopolizing an industry became outlawed. In simple terms the act prohibited any forms of monopoly in business and marketing fields. Monopolies committed before the Act, at the time, legal, but unethical, some famously known marketers like John D. Rockefeller became extremely wealthy. While others took full control of corporations after The Sherman Antitrust Act caused a firm like Microsoft
Glader, M. (2006). Innovation markets and competition analysis: EU competition law and US antitrust law. Camberley, UK: Edward Elgar Publishing.
At the preliminary conference, the President of the Tribunal refused to issue a general order directing the Commission to produce all documents in its possession relevant to the proceedings. The tribunal President ruled that there is nothing in the relevant legislation for review. Section 101 or 102 of the relevant legislation
Many businesses used this new process to raise the price of their competitors. They did this by putting constraints on entry restrictions (Woods 1986). At the state level, other laws were put in place to support the Food and Drug Act mainly to help local and area producers who were and would be facing new nat...
...: Reassessing Legitimacy in the European Union. Journal of Common Market Studies, 40 (4), pp. 603-24.
First, the structure of the framework strongly supports an extensive analysis of the directive and of the context in which it was formulated and implemented. Second, each element is important when trying to clarify how a policy is created in the European Union and the impact of the policy on businesses. The 'issue' element provides an opportunity to explain the content of the directive. The 'actors', 'interests','arenas' and 'assets' elements describe and illustrate the power play involved in European Union policy formulation and implementation and the place occupied by businesses. The 'information' element demonstrates the ever increasing importance that knowledge has within the European Union and how it can be used by businesses. Finally, the design of a non-market strategy supported by the (IA)3 framework enables a firm to become active and not only adapt to a certain policy but also gain an opportunity to influence the environment within which it is
The Contestability of a Market A contestable market is a market where an inefficient firm or firms, which is earning excess profits, is likely to be driven out by more efficient or less profitable rival. A market can be contestable even if a single firm, which appears to enjoy a monopoly with market power, dominants it and the new entrant exists only as potential competition. The threat posed by the new entrants in the market is taken to be a key reason for the firm's behaviour in the market. There are many factors that can affect the contestability of the market.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
Weiler, Joseph H.H.: «Community, Member States and European Integration: Is the Law Relevant?», Journal of Common Market Studies 21 (1982), pp. 39-56.
...f investigation which encourages the form of non-voluntary investigation and takes no prior permission from the accused for the former.This type of investigation becomes atrocious when the accused is tested in their drowsy form without their consent. The form of investigation violates the very fundamental rights that have been prescribed in the constitution, it flouts the provision of liberty and freedom with impunity. Narco analysis form of investigation includes method like inducing drugs which in many cases can prove to be fatal thus encouraging such life threatening form of investigation should be banned. The form of investigation should be highly discouraged as it opens flood gates and can lead to disagreeable consequences. It violates the constitution itself and certain provisions of CRPC thus steps must be taken for removing it from the form of investigation.