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The Resource A quantitative quest for philosophical fairness in EU’s competition procedure, Haukur Logi Karlsson

A quantitative quest for philosophical fairness in EU’s competition procedure, Haukur Logi Karlsson

Creator
Contributor
Summary
The question of procedural fairness in EU’s competition procedure has been discussed widely in the academic literature based on the traditional positivistic legal method; so far without a success in producing a consensus on where the practical limitations of the concept of procedural fairness ought to lie. This thesis sets out to approach the problem more fundamentally by propping beyond the concept of procedural fairness in the legal positivistic sense, and venture into the territory of moral and political philosophy for establishing a practical understanding of the more general concept of fairness in human relations. Once the concept of fairness has been properly revealed in practical terms, the thesis attempts to quantitatively translate this concept of fairness into the laws to facilitate the composition of a fair legal rule. To achieve this, a novel methodological model is constructed based on microeconomic tools. This model, the model of fair rules, is then used to assess two dilemmas of procedural fairness in the context of EU’s competition procedure that have been solved by the CJEU based on the traditional juridical method. The results of the assessment suggest that methodological improvements can be made in the design of competition procedures with regards to facilitating procedural fairness. Such improvements would also have implications for the legal interpretive methodologies used by the EU courts
Language
eng
Work
Publication
Extent
v, 289 pages
Note
Examining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
Link
http://hdl.handle.net/1814/48005
Instance
Label
A quantitative quest for philosophical fairness in EU’s competition procedure
Title
A quantitative quest for philosophical fairness in EU’s competition procedure
Statement of responsibility
Haukur Logi Karlsson
Creator
Contributor
Subject
Language
eng
Summary
The question of procedural fairness in EU’s competition procedure has been discussed widely in the academic literature based on the traditional positivistic legal method; so far without a success in producing a consensus on where the practical limitations of the concept of procedural fairness ought to lie. This thesis sets out to approach the problem more fundamentally by propping beyond the concept of procedural fairness in the legal positivistic sense, and venture into the territory of moral and political philosophy for establishing a practical understanding of the more general concept of fairness in human relations. Once the concept of fairness has been properly revealed in practical terms, the thesis attempts to quantitatively translate this concept of fairness into the laws to facilitate the composition of a fair legal rule. To achieve this, a novel methodological model is constructed based on microeconomic tools. This model, the model of fair rules, is then used to assess two dilemmas of procedural fairness in the context of EU’s competition procedure that have been solved by the CJEU based on the traditional juridical method. The results of the assessment suggest that methodological improvements can be made in the design of competition procedures with regards to facilitating procedural fairness. Such improvements would also have implications for the legal interpretive methodologies used by the EU courts
http://library.link/vocab/creatorName
Karlsson, Haukur Logi
Date time place
Defence date: 15 September 2017
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2017.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Fairness
  • Procedure (Law)
  • Competition, Unfair
  • Antitrust law
Label
A quantitative quest for philosophical fairness in EU’s competition procedure, Haukur Logi Karlsson
Link
http://hdl.handle.net/1814/48005
Instantiates
Publication
Note
Examining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
Bibliography note
Includes bibliographical references (pages 277-289)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
v, 289 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1005722209
Label
A quantitative quest for philosophical fairness in EU’s competition procedure, Haukur Logi Karlsson
Link
http://hdl.handle.net/1814/48005
Publication
Note
Examining Board: Professor Giorgio Monti, EUI (supervisor); Professor Dennis Patterson, EUI; Professor Davíð Þór Björgvinsson, University of Iceland; Professor Ioannis Lianos, UCL
Bibliography note
Includes bibliographical references (pages 277-289)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Control code
FIE
Dimensions
30 cm.
Extent
v, 289 pages
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1005722209

Subject

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