Conceptualising Procedural Fairness in EU Competition Law

✍ Scribed by Haukur Logi Karlsson

• Publisher: Hart Publishing
• Year: 2020
• Tongue: English
• Leaves: 193
• Series: Hart Studies in Competition Law
• Category: Library

✦ Synopsis

What constitutes a fair procedure when it comes to EU competition law?
This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed:

This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.
Volume 26 in the series Hart Studies in Competition Law

✦ Table of Contents

Acknowledgements
Table of Contents
1. The Problem of Procedural Fairness
I. Procedural Fairness in EU Competition Law
II. Towards a Conceptualisation of Procedural Fairness
2. The Essence of a Procedure
I. Differentiating Procedural Law and Substantive Law
II. Procedures as a Social Institution
III. The Institutional Elements of an Adjudicative Procedure
IV. Towards a Conceptualisation of a Fair Adjudicative Procedure
3. The Structure and Function of EU Competition Procedures
I. The Normative Purpose of EU Competition Law
II. Stakeholders and Stakes in Competition Proceedings
III. The Structure of the EU's Competition Law Procedure
IV. Instrumental Structure and Normative Function
V. Arguments about Procedural Fairness in EU Competition Law
4. Ethics for Procedural Architects
I. Ethics and Legal Theory
II. Ethics beyond Legal Theory
III. Ethics as the Dark Matter of the Law
5. The Model of Fair Rules
I. The Role of the Rule Architect
II. Rulemaking as a Decision Problem
III. The Elements of the Model of Fair Rules
IV. The Utility of a Model for Identifying Fair Rules
6. Analysis of Three Fairness Dilemmas
I. The KME/Chalkor Cases
II. The Groupe Gascogne Cases
III. Collective Redress for Private Enforcement of Competition Law
IV. Symptoms of an Underdeveloped Theory of Procedural Fairness
7. An Argument for a Data-based Democracy
I. Conceptualisation of Procedural Fairness in EU Competition Law
II. Solving Fairness Issues in EU Competition Procedure
III. Technocracy and the Making of Laws
IV. Data-based Democracy for Regulating EU Competition Procedure
Bibliography
Index