Parental liability in EU competition law : a legitimacy-focused approach / Peter Whelan.
2023
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Details
Title
Parental liability in EU competition law : a legitimacy-focused approach / Peter Whelan.
Edition
First edition
Imprint
Oxford : Oxford University Press, Incorporated, 2023.
Description
1 online resource
Formatted Contents Note
Part I. Context and Background. 1. EU-Level Parental Antitrust Liability and the Crucial Issue of Its Legitimacy
2. Assessing the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability
Part II. 3. 'Undertaking' and Its Legal Implications
4. Determining the Constituent Elements of an Undertaking
5. The Constituent Elements of an Undertaking to Which an Infringement Can Be Imputed
Past III. The EU-level doctrine of parental antitrust liability
6. The Specifics of the Doctrine: Imputing Antitrust Violations to Parent Companies
7. The EU-Level Approach to Parental Liability and Its Impact on the Imposition and Construction of Antitrust Fines
8. The EU-Level Approach to Parental Liability and Its Interaction with Other Enforcement Policies and Doctrines
Part IV. Legitimacy as 'Justifiability': Rationalising the Existence of Parental Liability for EU Antitrust Violations. 9. Deterrence in EU Competition Law and Its Relevance to Parental Liability
10. Employing Deterrence Theory to Justify Parental Liability for Antitrust Violations
11. The Applicability to EU-Level Enforcement of the Deterrence-Based Justification for Parental Antitrust Liability
Part V. Legitimacy as 'Effectiveness': The Deterrence-Based Rationale and the Specifics of the EU-Level Doctrine of Parental Antitrust Liability. 12. The Deterrence-Based Rationale and the Scope and Substance of the EU-Level Doctrine of Parental Antitrust Liability
13. The Deterrence-Based Rationale and the Specific Implications of the EU-Level Doctrine of Parental Antitrust Liability
Part VI. Legitimacy as 'Fairness': The Restraining Effect of Retribution on the EU-Level Doctrine of Parental Antitrust Liability. 14. Retribution and Its Relevance to the EU-Level Doctrine of Parental Liability
15. The Personal Responsibility of the Parent Company for the Antitrust Violation of Its Subsidiary
16. EU Law and Its Consideration of Retribution Under the Doctrine of Parental Antitrust Liability
17. A Problematic Mismatch Between EU-Level Jurisprudence on Parental Liability and Principle
Part VII. Legitimacy as 'Legality': The Restraining Impact of General Principles of EU Law on the Doctrine of Parental Antitrust Liability
Part VIII. Ensuring the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability. 18. Parental Liability and the Principle of Ne Bis In Idem
19. The EU-Level Doctrine of Parental Liability and the Presumption of Innocence
20. Justifying in Principle the 100% Shareholding Presumption: An Alternative (Proportionality-Focused) Assessment
Part VIII. Ensuring the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability. 21. A Proposal for a More Legitimate Approach to Parental Liability in EU Competition Law.
2. Assessing the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability
Part II. 3. 'Undertaking' and Its Legal Implications
4. Determining the Constituent Elements of an Undertaking
5. The Constituent Elements of an Undertaking to Which an Infringement Can Be Imputed
Past III. The EU-level doctrine of parental antitrust liability
6. The Specifics of the Doctrine: Imputing Antitrust Violations to Parent Companies
7. The EU-Level Approach to Parental Liability and Its Impact on the Imposition and Construction of Antitrust Fines
8. The EU-Level Approach to Parental Liability and Its Interaction with Other Enforcement Policies and Doctrines
Part IV. Legitimacy as 'Justifiability': Rationalising the Existence of Parental Liability for EU Antitrust Violations. 9. Deterrence in EU Competition Law and Its Relevance to Parental Liability
10. Employing Deterrence Theory to Justify Parental Liability for Antitrust Violations
11. The Applicability to EU-Level Enforcement of the Deterrence-Based Justification for Parental Antitrust Liability
Part V. Legitimacy as 'Effectiveness': The Deterrence-Based Rationale and the Specifics of the EU-Level Doctrine of Parental Antitrust Liability. 12. The Deterrence-Based Rationale and the Scope and Substance of the EU-Level Doctrine of Parental Antitrust Liability
13. The Deterrence-Based Rationale and the Specific Implications of the EU-Level Doctrine of Parental Antitrust Liability
Part VI. Legitimacy as 'Fairness': The Restraining Effect of Retribution on the EU-Level Doctrine of Parental Antitrust Liability. 14. Retribution and Its Relevance to the EU-Level Doctrine of Parental Liability
15. The Personal Responsibility of the Parent Company for the Antitrust Violation of Its Subsidiary
16. EU Law and Its Consideration of Retribution Under the Doctrine of Parental Antitrust Liability
17. A Problematic Mismatch Between EU-Level Jurisprudence on Parental Liability and Principle
Part VII. Legitimacy as 'Legality': The Restraining Impact of General Principles of EU Law on the Doctrine of Parental Antitrust Liability
Part VIII. Ensuring the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability. 18. Parental Liability and the Principle of Ne Bis In Idem
19. The EU-Level Doctrine of Parental Liability and the Presumption of Innocence
20. Justifying in Principle the 100% Shareholding Presumption: An Alternative (Proportionality-Focused) Assessment
Part VIII. Ensuring the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability. 21. A Proposal for a More Legitimate Approach to Parental Liability in EU Competition Law.
Summary
Parental Liability in EU Competition Law assesses the shortcomings of the EU doctrine of parental antitrust liability and proposes a new framework for imposing liability that is theoretically robust, effective in practice, fair in substance, and legally sound.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on online resource (viewed August 9, 2024)
Available in Other Form
Print version: Whelan, Peter Parental Liability in EU Competition Law Oxford : Oxford University Press, Incorporated,c2023
Linked Resources
Alternate Title
Oxford Academic
Language
English
ISBN
9780192583345
0192583344
9780192583338 (electronic bk.)
0192583336 (electronic bk.)
0198844832
9780198844839
0192583344
9780192583338 (electronic bk.)
0192583336 (electronic bk.)
0198844832
9780198844839
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