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The right of defence in the decentralized system of EU competition law enforcement: A call for harmonization from central and eastern Europe
Bernatt,Maciej1,2; Botta,Marco3; Svetlicinii,Alexandr4
2018-09
Source PublicationWorld Competition
ISSN1011-4548
Volume41Issue:3Pages:309-334
Abstract

The article compares the application of the right of defence in competition law proceedings by seven National Competition Authorities (NCAs) of Central and Eastern Europe (CEE). In particular, the article focuses on four sub-rights that are part of the right of defence: right to be informed; right to access the file; privilege against self-incrimination (PASI) and legal professional privilege (LPP). The article shows that the NCAs selected as case studies generally provide lower procedural guarantees in comparison to DG Competition of the European Commission. The findings of the article are relevant in view of the Directive aiming at harmonizing the powers of NCAs (‘ECN+ Directive’). The legislation aims at strengthening the investigatory tools of NCAs, while it pays limited attention to the procedural guarantees followed by NCAs. In view of the diverging application of the right of defence by the NCAs selected as case studies, the article challenges such policy choice, claiming that stronger investigative powers should be counter- balanced by a more homogenous application of the right of defence by NCAs of the EU Member States.

URLView the original
Indexed By其他
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000447854200002
PublisherKLUWER LAW INT
Scopus ID2-s2.0-85053512106
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Citation statistics
Cited Times [WOS]:2   [WOS Record]     [Related Records in WOS]
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorBernatt,Maciej
Affiliation1.University of Warsaw, Faculty of Management, Department of European Economic Law, Poland
2.Centre for Antitrust and Regulatory Studies, University of Warsaw, Poland
3.Max Planck Institute for Innovation and Competition, Munich, Germany
4.University of Macau, Faculty of Law, Macao
Recommended Citation
GB/T 7714
Bernatt,Maciej,Botta,Marco,Svetlicinii,Alexandr. The right of defence in the decentralized system of EU competition law enforcement: A call for harmonization from central and eastern Europe[J]. World Competition,2018,41(3):309-334.
APA Bernatt,Maciej,Botta,Marco,&Svetlicinii,Alexandr.(2018).The right of defence in the decentralized system of EU competition law enforcement: A call for harmonization from central and eastern Europe.World Competition,41(3),309-334.
MLA Bernatt,Maciej,et al."The right of defence in the decentralized system of EU competition law enforcement: A call for harmonization from central and eastern Europe".World Competition 41.3(2018):309-334.
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