Presumption of innocence in EU anti-cartel enforcement
Author(s)
Bibliographic Information
Presumption of innocence in EU anti-cartel enforcement
（Nijhoff studies in European Union law, v. 15）
Brill Nijhoff, c2019
- : hardback
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Note
Based on author's thesis (doctoral)--University of Graz, 2016
Includes bibliographical references (p. [197]-226) and index
Description and Table of Contents
Description
In this monograph, Aiste Mickonyte 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.
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