The use of information in EU competition proceedings and the protection of individual rights.: An article from: Georgetown Journal of International Law
Book Details
Author(s)Mauro Squitieri
PublisherGeorgetown University Law Center
ISBN / ASINB005DVDYBS
ISBN-13978B005DVDYB7
AvailabilityAvailable for download now
Sales Rank99,999,999
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Georgetown Journal of International Law, published by Georgetown University Law Center on January 1, 2011. The length of the article is 19051 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: Regulation 1/2003 on the implementation of the European Community rules on competition represents an innovative departure, in many respects, from the prior Regulation 17/62. The new legislation assigns a more important role to the National Competition Authorities and national courts of Member States in the implementation of competition rules, as they now share the enforcement and application of European law with the European Commission. More importantly, Regulation 1/2003 entrusts the Commission with broader powers of investigation to facilitate the detection of anticompetitive practices. However, such an extension of powers, with particular reference to those relating to the collection of information needed to carry out proceedings, raises significant concerns in relation to the protection of fundamental rights. In this scenario, two different interests emerge: on the one hand, Regulation 1/2003 must ensure that the Commission can effectively monitor companies' compliance with Community competition law; on the other hand, the provisions of the regulation and their implementation by the Commission must not jeopardize the fundamental 'rights and guarantees enjoyed by natural persons and legal entities on the basis of Community law provisions and principles. The present work analyzes this conflicting relationship between the enforcement of competition rules and the safeguarding of fundamental rights of both natural and legal persons, while at the same time investigating how these opposing interests have been addressed by Community authorities. Throughout the paper, the existing legislation, case law and changes to legislation that occurred over the last decade will be considered in order to draw a comprehensive picture of the present situation and to trace trends that might foretell future developments. Particular emphasis will be placed upon a critical analysis of the decisions taken by the European courts and of the choices made by the legislative bodies of the Community. When necessary, potential alternative options for the questions addressed by the European institutions and new possible solutions for relevant and still unresolved problems will be indicated.
Citation Details
Title: The use of information in EU competition proceedings and the protection of individual rights.
Author: Mauro Squitieri
Publication:Georgetown Journal of International Law (Magazine/Journal)
Date: January 1, 2011
Publisher: Georgetown University Law Center
Volume: 42 Issue: 2 Page: 449(42)
Distributed by Gale, a part of Cengage Learning
From the author: Regulation 1/2003 on the implementation of the European Community rules on competition represents an innovative departure, in many respects, from the prior Regulation 17/62. The new legislation assigns a more important role to the National Competition Authorities and national courts of Member States in the implementation of competition rules, as they now share the enforcement and application of European law with the European Commission. More importantly, Regulation 1/2003 entrusts the Commission with broader powers of investigation to facilitate the detection of anticompetitive practices. However, such an extension of powers, with particular reference to those relating to the collection of information needed to carry out proceedings, raises significant concerns in relation to the protection of fundamental rights. In this scenario, two different interests emerge: on the one hand, Regulation 1/2003 must ensure that the Commission can effectively monitor companies' compliance with Community competition law; on the other hand, the provisions of the regulation and their implementation by the Commission must not jeopardize the fundamental 'rights and guarantees enjoyed by natural persons and legal entities on the basis of Community law provisions and principles. The present work analyzes this conflicting relationship between the enforcement of competition rules and the safeguarding of fundamental rights of both natural and legal persons, while at the same time investigating how these opposing interests have been addressed by Community authorities. Throughout the paper, the existing legislation, case law and changes to legislation that occurred over the last decade will be considered in order to draw a comprehensive picture of the present situation and to trace trends that might foretell future developments. Particular emphasis will be placed upon a critical analysis of the decisions taken by the European courts and of the choices made by the legislative bodies of the Community. When necessary, potential alternative options for the questions addressed by the European institutions and new possible solutions for relevant and still unresolved problems will be indicated.
Citation Details
Title: The use of information in EU competition proceedings and the protection of individual rights.
Author: Mauro Squitieri
Publication:Georgetown Journal of International Law (Magazine/Journal)
Date: January 1, 2011
Publisher: Georgetown University Law Center
Volume: 42 Issue: 2 Page: 449(42)
Distributed by Gale, a part of Cengage Learning
