TY - CHAP
T1 - Competition Law and Human Rights
T2 - Striking a Balance between Business Freedom and Regulatory Intervention
AU - Andreangeli, Arianna
PY - 2012
Y1 - 2012
N2 - This chapter discusses Council Regulation No 1/2003, which conferred pervasive investigative powers upon the European Commission. The regulation enlarged the array of tools at the Commission's disposal for competition matters. It addresses the question of where to draw the boundary between, on the one hand, the pursuit of competition through administrative action and, on the other, the effective protection of business freedom and freedom from disproportionate interferences with the undertakings' rights. The first part of the chapter focuses on the procedural aspects of this issue and considers the extent to which the current safeguards, prescribed by Council Regulation No 1/2003 and interpreted by the European Court of Justice, are sufficient to fulfill the standards of due process enshrined in the European Convention on Human Rights (ECHR). The second part addresses the substantive question of whether the restrictions on the freedom of contract, and more generally on market freedom, imposed upon dominant firms by competition enforcement agencies are compatible with the rights contained in the ECHR.
AB - This chapter discusses Council Regulation No 1/2003, which conferred pervasive investigative powers upon the European Commission. The regulation enlarged the array of tools at the Commission's disposal for competition matters. It addresses the question of where to draw the boundary between, on the one hand, the pursuit of competition through administrative action and, on the other, the effective protection of business freedom and freedom from disproportionate interferences with the undertakings' rights. The first part of the chapter focuses on the procedural aspects of this issue and considers the extent to which the current safeguards, prescribed by Council Regulation No 1/2003 and interpreted by the European Court of Justice, are sufficient to fulfill the standards of due process enshrined in the European Convention on Human Rights (ECHR). The second part addresses the substantive question of whether the restrictions on the freedom of contract, and more generally on market freedom, imposed upon dominant firms by competition enforcement agencies are compatible with the rights contained in the ECHR.
KW - European Court of Justice
KW - competition law
KW - European Commission
KW - Council Regulation No 1/2003
KW - due process
KW - European Conventionon Human Rights
KW - market freedom
KW - freedom of contract
U2 - 10.11126/stanford/9780804774901.003.0003
DO - 10.11126/stanford/9780804774901.003.0003
M3 - Chapter (peer-reviewed)
SN - 9780804774901
T3 - Global Competition Law and Economics
SP - 22
EP - 36
BT - The Global Limits of Competition Law
A2 - Lianos, Ioannis
A2 - Sokol, D. Daniel
PB - Stanford University Press
ER -