The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights

Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 35, 2012

21 Pages Posted: 17 Aug 2012  

Anna Błachnio-Parzych

Polish Academy of Sciences - Institute of Legal Studies

Date Written: August 16, 2012

Abstract

The present article aims to answer the question whether an undertaking’s responsibility (sometimes also referred to as liability) in an antitrust proceeding held by the President of the Office of Competition and Consumer Protection (the Polish National Competition Authority) is of a criminal nature. The notion of ‘criminal charge’ is rather extensively construed in the jurisprudence of European Court of Human Rights, which has formulated the criteria for criminal responsibility. Taking these criteria into account, the author postulates that the severe character of pecuniary sanctions imposed in Polish antitrust proceedings is an argument for the criminal character of the proceedings. Thus the guarantees of Article 6 of the European Convention on Human Rights should be applicable to Polish antitrust proceedings.

Keywords: criminal charge, criminal penalty, human rights, responsibility in antitrust proceedings, nature of the responsibility

Suggested Citation

Błachnio-Parzych, Anna, The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights (August 16, 2012). Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 35, 2012. Available at SSRN: https://ssrn.com/abstract=2130843

Anna Błachnio-Parzych (Contact Author)

Polish Academy of Sciences - Institute of Legal Studies ( email )

Nowy Swiat 72
Warsaw, 00-330
Poland

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