The Fundamental Rights of Companies ― European and Us Law Compared

This book fills a major gap in the literature on fundamental rights: lawyers can draw on a wealth of secondary sources on fundamental rights in EU competition law but there is a dearth of literature on the fundamental rights of companies under EU law and the European Convention on Human Rights and this is the first comprehensive examination of this increasingly important subject. That is despite the fact that, even outside the field of competition law, the European Court of Justice has decided a number of recent landmark cases including Schecke, DEB and Scarlet Extended. In addition, this book explores the relevant US authorities in depth; and the comparison with European law often leads to surprising results. The book covers an array of substantive rights such as property, privacy and freedom of speech, as well as various procedural rights with a particular emphasis on those which arise in competition law (eg the right to a fair trial, double jeopardy and the privilege against self-incrimination). The author has not merely described the law as it stands, but also proposes an overall approach. This work is aimed at practitioners and academics alike.

Peter J Oliver is a Visiting Professor at Universite Libre de Bruxelles and a Barrister.