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

Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 91, 2012

20 Pages Posted: 17 Aug 2012 Last revised: 26 Feb 2016

Maciej Bernatt

University of Warsaw, Centre for Antitrust and Regulatory Studies

Date Written: August 16, 2012

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.

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

Suggested Citation

Bernatt, Maciej, Can the Right to Be Heard Be Respected Without Access to Information About the Proceedings? Deficiencies of National Competition Procedure (August 16, 2012). Yearbook of Antitrust and Regulatory Studies, Vol. 5, No. 6, p. 91, 2012. Available at SSRN: https://ssrn.com/abstract=2130858

Maciej Bernatt (Contact Author)

University of Warsaw, Centre for Antitrust and Regulatory Studies ( email )

Warsaw
Poland

HOME PAGE: http://www.cars.wz.uw.edu.pl/news_gb.html

Paper statistics

Downloads
65
Rank
289,262
Abstract Views
588