EU Antitrust Enforcement Powers and Procedural Rights and Guarantees: The Interplay Between EU Law, National Law, the Charter of Fundamental Rights of the EU and the European Convention on Human Rights
World Competition: Law and Economics Review, Vol. 34, No. 2, June 2011
Concurrences, May 2011
2nd Annual International Concurrences Conference, 'New Frontiers of Antitrust', Paris, February 11, 2011
32 Pages Posted: 12 Feb 2011
Date Written: January 24, 2011
Abstract
This paper deals with the powers of the European Commission and the competition authorities of the EU Member States to enforce Articles 101 and 102 TFEU, and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the interplay between the different sources of law governing these matters: EU and national legislation, the Charter of Fundamental Rights of the EU, the European Convention on Human Rights, and the case-law of the EU Courts and the European Court of Human Rights.
Keywords: antitrust, public enforcement, powers of investigation, procedure, fundamental rights, EU, ECHR
JEL Classification: K20, K21, K40, K42, L40
Suggested Citation: Suggested Citation