ORCID
Miroslava Scholten: 0000-0002-3521-4936
Keywords
dawn raids, competition law, control, judicial review
Abstract
Dawn raids have become an effective tool to enforce EU and national competition laws. Judicial review is an essential mechanism of control over the executive branch against possible misuse of this power. However, this judicial review has shown to have limits; it cannot always guarantee an adequate redress for the affected parties. How to address the limited judicial review to ensure control over dawn raids? This article argues that the limits of judicial review could be addressed by extending the types of controls over this action, i.e. ex ante legislative guidance and internal managerial accountability. The more conceptual argument that this paper puts forward is thus that it is essential to seek connections between different concepts and types of controls to ensure a comprehensive/water-tight system of controls over the actions of the executive branch.
Recommended Citation
Contreras Condezo, J., Kingma, A., & Scholten, M. (2020). Putting Dawn Raids under Control. Yearbook of Antitrust and Regulatory Studies, 13(22), 145-168. https://doi.org/10.7172/1689-9024.YARS.2020.13.22.6
First Page
145
Last Page
168
Page Count
23
Received Date
11.06.2020
Accepted Date
03.11.2020
DOI
10.7172/1689-9024.YARS.2020.13.22.6
Publisher
University of Warsaw
Publication Date
2020-12-18