Competition proceedings and fundamental rights: another piece of the puzzle

Abstract

As provided in Article 51, par. 1 of the EU Charter of Fundamental Rights,1 the European Commission (hereinafter the “Commission”), alongside the other institutions, bodies, offices and agencies of the Union, shall “respect the rights, observe the principles and promote the application thereof in accordance with (its) respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties”. With regard in particular to the Commission’s powers of implementation of the Treaty rules on competition law, recital 37 of Regulation No. 1/20032 declares that the rules contained therein respect the fundamental rights and observe the principles recognised by the above-mentioned Charter and that, accordingly, the Regulation itself should be interpreted and applied with respect to those rights and principles. Notwithstanding the above, in recent times the antitrust system in force within the European Union has been widely criticised by legal practitioners and academics.