Can the Right to Be Heard Be Respected Without Access to Information About the Proceedings? Deficiencies of National Competition Procedure

Abstract:     
This article analyses Polish competition procedure from the perspective of a) the right to be heard, and b) the right to receive information about the proceedings. It points out problems with access to information about competition proceedings which influence the level of protection of the right to be heard in these proceedings. In order to appraise this issue, the article embarks upon an examination of the rules governing the right to be heard in Polish competition enforcement proceedings. It then focuses on the extent of the competition authority’s obligation to inform undertakings about the actions addressed to them. The article includes discussion of the rules that circumscribe the parties’ right of access to evidence in the proceedings. Finally, proposals for changes in the practice of the competition authority, as well as in the Polish legal framework, are put forth. The new rules governing competition proceedings before the European Commission serve as an example for improvements in Polish competition procedures.

Number of Pages in PDF File: 20

Keywords: competition proceedings, antitrust proceedings, competition authority, right to be heard, due process, right to fair hearing, procedural fairness, fundamental rights

Accepted Paper Series