Nordic journal of european law最新文献

EU Competition Law, Fundamental Rights and the Principle of Transparency – An Evolving Relationship 欧盟竞争法、基本权利和透明度原则--不断演变的关系

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26230

Cristina Teleki

{"title":"EU Competition Law, Fundamental Rights and the Principle of Transparency – An Evolving Relationship","authors":"Cristina Teleki","doi":"10.36969/njel.v7i2.26230","DOIUrl":"https://doi.org/10.36969/njel.v7i2.26230","url":null,"abstract":"Faced with the challenges posed by gatekeepers, EU competition law is undergoing a period of significant change. I attempt to show in this article that one can understand this change as a shift in the relationship between EU competition law and fundamental rights. More precisely, I show that the initial relationship between these two factors has been operational, in the sense that fundamental rights have been relied upon to operationalize the substance of competition law. In the operational relationship, the right to a fair trial has been deployed by the European Commission to create and expand its quasi-judicial arm. This long-standing operational relationship has recently evolved into an informative one, where the rights to privacy and data protection have informed the European Commission’s merger assessments involving gatekeepers. Finally, I argue that, in light of the Meta/Facebook case and recent EU legislation, the relationship between EU competition law and fundamental rights can be called foundational. Indeed, it appears that both the CJEU and EU legislators intend to inject fundamental rights into the foundations of EU competition law. I also highlight how the principle of transparency has played an important role in these developments as an enabler and magnifier. These changes are significant and will impact the work of competition authorities, data protection authorities and other public bodies in the EU.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"121 32","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141667626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Transparency Unveiled: Access to Information in Digital Markets Act Proceedings on EU Level 揭开透明度的面纱：欧盟层面的《数字市场信息获取法》诉讼程序

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26289

Lena Hornkohl

引用次数: 0

Transparency of the Swedish Competition Authority 瑞典竞争管理局的透明度

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26155

Vilhelm Persson

引用次数: 0

Private Enforcement Under the Digital Markets Act: Rights and Remedies Revisited 数字市场法》下的私人执行：重新审视权利与救济

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26219

Magnus Strand

{"title":"Private Enforcement Under the Digital Markets Act: Rights and Remedies Revisited","authors":"Magnus Strand","doi":"10.36969/njel.v7i2.26219","DOIUrl":"https://doi.org/10.36969/njel.v7i2.26219","url":null,"abstract":"The Digital Markets Act (DMA) is a new instrument of EU competition policy. It has been pointed out that although the DMA does not include any provisions on private enforcement, there should still be room for private enforcement of rights under the DMA. However, it has not been properly scrutinised to what extent the provisions of the DMA are suitable for such private enforcement. This article contributes to the literature by addressing this deficit and explaining the interwoven aspects of EU law and national law upon which private enforcement of the DMA will rely.\u0000The analysis is carried out in two main tiers. First, the core substantive provisions of the DMA are analysed. It is concluded in this stage that there are some rules in the DMA which may trigger private law sanctions when breached. Second, the system of judicial protection of rights conferred on individuals under EU law is explained and applied to the DMA. In this regard, it is concluded that it would be appropriate to extend any private law remedies that are available to claimants who have been victims of an infringement of Article 101 or 102 TFEU to claimants who have been victims of an infringement of protective provisions in the DMA.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":" 474","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141669440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Legal Professional Privilege in Competition Law Cases – A Key Element in Protecting the Proper Administration of Justice 竞争法案件中的法律专业特权--保护正当司法的关键要素

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26397

Helene Andersson

{"title":"The Legal Professional Privilege in Competition Law Cases – A Key Element in Protecting the Proper Administration of Justice","authors":"Helene Andersson","doi":"10.36969/njel.v7i2.26397","DOIUrl":"https://doi.org/10.36969/njel.v7i2.26397","url":null,"abstract":"The legal professional privilege is an important principle underpinning the EU judicial system as it ensures the proper administration of justice, procedural efficiency and protects fundamental rights such as a client’s defence rights and the right to privacy enshrined in Articles 47 and 7 of the Charter. In competition cases, the European Commission has relied on an old ruling from the Court of Justice of the European Union (the ECJ), and only acknowledged one of these aims – the protection of the client’s defence rights. While the ECJ has recently received the chance to align the EU standard to that of the ECHR by broadening the scope of protection, the Commission appears unwilling to abandon its previous stance. It is important that the Commission shoulders the responsibility to ensure a procedure that is fair, and which acknowledges the basic principles underpinning a society governed by the rule of law. The current approach breathes life into questions on the legitimacy of its actions and the appropriateness of letting it take on the roles of enforcer, prosecutor and judge in competition cases, where companies not only risk having to pay fines of up to ten percent of their annual turnover, but now also appear to have to face the threat of divestitures should the Commission find that they are infringing the EU competition rules.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":" 1183","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141668927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Few Words on Drittwirkung, Transparency and Personal Integrity in the Light of Digitalization 关于数字化背景下的诚信、透明度和个人诚信的几点看法

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26396

J. Nergelius

引用次数: 0

Digitalisation of the Preliminary Investigation Phase, Fundamental and Human Rights and the Principle of Openness - Balancing Conflicting Interests in the Review of Large Data Sets 初步调查阶段的数字化、基本权利和人权以及公开性原则--在审查大型数据集时平衡相互冲突的利益

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26192

Riina Autio

{"title":"Digitalisation of the Preliminary Investigation Phase, Fundamental and Human Rights and the Principle of Openness - Balancing Conflicting Interests in the Review of Large Data Sets","authors":"Riina Autio","doi":"10.36969/njel.v7i2.26192","DOIUrl":"https://doi.org/10.36969/njel.v7i2.26192","url":null,"abstract":"The EU courts have divided an investigation into two distinct stages with different aims: the preliminary investigation phase and the contradictory phase. This paper examines issues related to the digitalisation of the preliminary investigation phase, from screening and open source intelligence to data processing during unannounced inspections or dawn raids. The question is how rights of defence are secured without jeopardising an investigation where data sets have grown beyond anything previously known. Within the context of the principle of openness of government activities in Finland and Sweden, the author sets out to find how the main rule of openness is balanced with the objectives of the preliminary investigation phase. The article examines case-law and literature, complemented with public statements from competition authorities, to find that a fair balance between conflicting interests has been achieved thus far. Examples of open questions currently subject to debate do, nonetheless, range from using personal apps for detection to whether national identity as per Article 4(2) of the Treaty on European Union can tip the balance between confidentiality of correspondence and cartel enforcement categorically in favour of the former. The Court of Justice will likely have to address the issue of national identity in the ongoing Ronos case.","PeriodicalId":489206,"journal":{"name":"Nordic journal of european law","volume":"118 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141667520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Transparency Unveiled: Access to Information in Digital Markets Act Proceedings at Member State Level – The German and Austrian Experience 揭开透明度的面纱：数字市场法》在成员国层面的信息获取程序--德国和奥地利的经验

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26270

Julia Helminger

引用次数: 0

Digitalisation in EU Competition Law and the Swedish Principle of Transparency 欧盟竞争法中的数字化与瑞典的透明原则

Nordic journal of european law Pub Date : 2024-07-08 DOI: 10.36969/njel.v7i2.26352

A. Engel, Xavier Groussot

引用次数: 0

Exploring the Evolution of Contractual Concepts within Regulation No 1215/2012 Through CJEU Judgments: Civil and Commercial Matters, Contracts, Tenancies of Immovable Property, and Provision of Services Under Examination 通过欧盟法院判决探索第 1215/2012 号条例中合同概念的演变：民商事、合同、不动产租赁和服务提供的审查

Nordic journal of european law Pub Date : 2024-04-05 DOI: 10.36969/njel.v7i1.25761

Ignacio Fornaris

引用次数: 0