Powers of Investigation and Procedural Rights and Guarantees in EU Antitrust Enforcement: The Interplay between European and National Legislation and Case-Law

25 Pages Posted: 7 Jan 2009

See all articles by Wouter P. J. Wils

Wouter P. J. Wils

King's College London - The Dickson Poon School of Law; European Union - European Commission

Date Written: November 3, 2005

Abstract

This paper deals with the powers of investigation of the European Commission and of the competition authorities of the Member States for the enforcement of Articles 81 and 82 EC, and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the question which law governs these matters (EC or EU law, national law, and the European Convention on Human Rights), and by whom or how the content of this law is determined (by European and national legislation, and case-law of the EC Court of Justice and Court of First Instance, national courts, and the European Court of Human Rights).

Keywords: antitrust,powers of investigation,rights of the defence,self-incrimination,legal privilege

JEL Classification: K21, K42, L40

Suggested Citation

Wils, Wouter P. J., Powers of Investigation and Procedural Rights and Guarantees in EU Antitrust Enforcement: The Interplay between European and National Legislation and Case-Law (November 3, 2005). World Competition: Law and Economics Review, Vol. 29, No. 1, 2006, Available at SSRN: https://ssrn.com/abstract=1319243

Wouter P. J. Wils (Contact Author)

King's College London - The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

European Union - European Commission ( email )

Brussels, B-1049
Belgium

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