Putting dawn raids under control

Publication date

2020-12

Authors

Scholten, M.ORCID 0000-0002-3521-4936ISNI 0000000419453368
Kingma, Annabel
Contraras Condezo, Jorge

Editors

Advisors

Supervisors

Document Type

Article
Open Access logo

License

taverne

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.

Keywords

dawn raid, EU commission, competition law, controls, accountability, judicial, Taverne

Citation

Scholten, M, Kingma, A & Contraras Condezo, J 2020, 'Putting dawn raids under control', Yearbook of Antitrust and Regulatory Studies, vol. 13, no. 22, pp. 145-167. https://doi.org/10.7172/1689-9024.YARS.2020.13.22.6