Keywords
inspection, search, UOKiK, European Convention on Human Rights, right to respect for private life and home
Abstract
The article presents the conditions for the initiation of inspection or search in antitrust cases conducted under the Act on Competition and Consumer Protection and the requirements of Article 8 of the European Charter of Human Rights. Basing on the latest jurisprudence of the Court of Human Rights, in particular on judgement in case no. 97/11 Delta Pekárny a.s. v. the Czech Republic, the author presents conditions for compliance of inspections and searches aimed at obtaining evidence of possible anti-competitive practices with the right to respect for private life and home. On this basis the conclusions are made on the need for amendments in Polish law of provisions on the conditions for the initiation of inspection or search.
Recommended Citation
Materna, G. (2015). Conditions for the initiation of inspections or searches in antitrust cases conducted under the Competition Act and the requirements of Article 8 of the European Charter of Human Rights. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 4(8), 8-23. Retrieved from https://press.wz.uw.edu.pl/ikar/vol4/iss8/1
First Page
8
Last Page
23
Page Count
15
Publisher
University of Warsaw