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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


Wouter P. J. Wils


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

January 24, 2011

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

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.

Number of Pages in PDF File: 32

Keywords: antitrust, public enforcement, powers of investigation, procedure, fundamental rights, EU, ECHR

JEL Classification: K20, K21, K40, K42, L40

working papers series


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Date posted: February 12, 2011  

Suggested Citation

Wils, Wouter P. J., 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 (January 24, 2011). World Competition: Law and Economics Review, Vol. 34, No. 2, June 2011; 2nd Annual International Concurrences Conference, 'New Frontiers of Antitrust', Paris, February 11, 2011. Available at SSRN: http://ssrn.com/abstract=1759209 or http://dx.doi.org/10.2139/ssrn.1759209

Contact Information

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 Commission ( email )
Brussels, B-1049
Belgium
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