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
Date Written: November 3, 2005
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: Suggested Citation