EU Competition Enforcement and Human Rights

Abstract

Contents: 1. Introduction 2. The Right to be Heard in EC Competition Proceedings between 'Administrative Due Process' and a Right to a 'Fair Trial' 3. Access to the Evidence in Competition Proceedings as a 'Right of the Defence' between Professional Secrecy and 'Equality of Arms' 4. Protection Against Forced Disclosure of 'Sensitive Evidence': The Legal Professional Privilege and the Privilege Against Self-incrimination in EC Competition Investigations and Procedure 5. Judicial Review of Competition Decisions: A Guarantee of Fairness in EC Competition Enforcement? 6. The Modernisation of the Enforcement of Articles 81 and 82 EC Treaty and the Right to a 'Fair Procedure' 7. Conclusions: 'Article 6-proofing' EC Competition Proceedings? Conclusions Bibliography