Jerónimo Maillo

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 321 - 324

Mária T. Patakyová, Mária Patakyová

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 310 - 314

Helene Andersson

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 325 - 329

Miguel Sousa Ferro, Ana Rita Calmeiro

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 305 - 309

Baskaran Balasingham

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 4, Page 363 - 370

Effectiveness and due process require careful balancing in order to safeguard a workable enforcement environment. On the one hand, the legal qualification of collusive conduct has been facilitated to some degree by a broad interpretation of Article 101(1) TFEU and the use of presumptions. On the other hand, the burden and standard of proof, as well as the judicial review in relation to EU cartel proceedings satisfy the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). This article argues that the EU Courts have succeeded in establishing a proper balance between effective cartel enforcement and the protection of fundamental rights. Keywords: Article 101 TFEU, Cartel Enforcement, Effectiveness, Fundamental Rights, Judicial Review

Giovanni De Gregorio

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 3, Page 203 - 215

Freedom of expression online and Internet Service Providers are closely connected. Consequently, when dealing with the regulation of their liability, it is necessary that public actors take deeply into consideration how the ISP’s liability regime affect fundamental rights. Recently, in the framework of the European Digital Single Market Strategy, the EU Commission have issued two proposals which would impact on the ISP’s system of liability in Europe and, as a result, on freedom of expression. Hence, it is necessary to analyse the potential drawbacks, providing, from a comparative perspective, alternative solutions which comply with the EU constitutional framework. Keywords: Constitutional Law, Fundamental Rights, ISP Liability, Copyright, AVMS Directive, Freedom of Expression

Vasiliki Fasoula

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 3, Page 232 - 236

Case T-194/13 United Parcel Services, Inc v European Commission, Judgement of the General Court of 7 March 2017 Article 263 TFUE – Annulment of a Commission’s decision declaring a notified merger incompatible with the internal market and with the EEA agreement – postal services – Statement of Objections – econometric analysis – Charter of Fundamental Rights of the European Union - procedural irregularity – right to a fair and public hearing – rights of defence