Keywords
inspections, powers of inspections, obligation to state reasons, fishing expeditions, fundamental rights of undertakings
Abstract
The article analyzes the selected limits of the powers of inspection of the European Commission in the light of recent case law of the Court of Justice of the European Union, ie. cases Nexans and Deutsche Bahn. The author discusses the obligation to state reasons for decisions ordering inspections, problematic issues related to the abuse of the Commission’s powers of inspection (fishing expeditions or the practice of subsequent review of entirely copied storage media at the Commission’s premises) and the question of the results of exceeding of the limits of the Commission’s powers of inspection. In conclusion the author suggests some changes aiming at strengthening the legal certainty and protection of the rights of undertakings.
Recommended Citation
Michałek-Gervais, M. (2015). Limits of the powers of inspection of the European Commission in the light of the recent case law of the European Court of Justice. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 4(8), 24-40. Retrieved from https://press.wz.uw.edu.pl/ikar/vol4/iss8/2
First Page
24
Last Page
40
Page Count
16
Publisher
University of Warsaw
