Dawn Raids Under Challenge: Due Process Aspects on the European Commission's Dawn Raid Practices

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Helene Andersson (Counsel at Delphi, Sweden)

Dawn Raids Under Challenge

Due Process Aspects on the European Commission's Dawn Raid Practices

Helene Andersson (Counsel at Delphi, Sweden)

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English

Hart Publishing
13 June 2024

Competition law & Antitrust law

Series: Hart Studies in Competition Law

The 2nd edition of this book provides an updated comprehensive analysis of the European Commission’s dawn raid practices from a due process perspective.

Examining the obligations imposed by the Charter and the ECHR and the response of the Luxembourg and Strasbourg Courts, the book shows that whereas the Strasbourg Court manages to strike a balance between efficiency concerns and fundamental rights, the approach of the EU Courts is not equally balanced.

The dawn raid is a powerful tool on which the European Commission relies heavily in its antitrust investigations. In 2022, the Commission carried out dawn raids in private homes for the first time in many years and it has declared its intent to make greater use of the power to inspect private premises. Furthermore, the European Commission is expanding its dawn raid practices into new areas of law. Both the Digital Markets Act and the Foreign Subsidies Regulation empower the Commission to carry out dawn raids and to impose heavy fines on anyone failing to cooperate. Ensuring adequate procedural safeguards is therefore more important than ever.

The book provides an essential and timely examination of this important subject, and is of great practical interest to companies, practitioners, and enforcers. It is also of theoretical interest, offering stimulating reflections on the effectiveness and legitimacy of the Commission’s enforcement powers.

By: Helene Andersson (Counsel at Delphi Sweden)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Edition: 2nd edition
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509969425
ISBN 10: 150996942X
Series: Hart Studies in Competition Law
Pages: 344
Publication Date: 13 June 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I: Overview 1. Introduction 2. Enforcement of the EU Competition Rules 3. Fundamental Rights in the EU 4. Criminal Sanctions Part II: The Inspection: Is There a Clash between EU and Convention Systems? 5. Introduction to Part II 6. The Right to Enter 7. Dawn Raids in Sector Inquiries 8. Once Inside: Measures Taken During the Inspection 9. The Privilege against Self-Incrimination 10. Legal Professional Privilege 11. Access to Courts 12. Dawn Raids at Non-business Premises 13. Dawn Raids in New Settings Part III: Summing Up 14. Conclusions

Helene Andersson is Counsel at Delphi, Sweden.