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Article
Access to competition file as a precondition of access to justice - A dialectical approach to justice and effective competition
Revista Română de Drept European (2015)
  • Emanuela A Matei, Lund University
Abstract
This paper comes as a result of a couple of months of research in the field of private enforcement of competition law and after writing a series of articles in e-Competitions under Kluwer Law International dealing with the most recent case law. The occurrence of global cartels is not an unusual state in a globalized world. Despite this reality, the Union law provides quite blunt instruments to deal with the case of civil damages for cartel infringements. The use of the legal dogmatic method should be enhanced to a level of deeper dialectical analysis in order to reveal more aspects of this reality. The focus falls on the access to documents as a precondition of access to justice, since bringing evidence about the infringement would be rendered impossible, if access to the Competition file was denied.
Keywords
  • legal process,
  • private enforcement,
  • access to documents
Publication Date
Spring April 7, 2015
Citation Information
Emanuela A Matei. "Access to competition file as a precondition of access to justice - A dialectical approach to justice and effective competition" Revista Română de Drept European Iss. 1 (2015)
Available at: http://works.bepress.com/emanuela_matei/1/