Keywords
rights of defence in EU competition proceedings, procedural autonomy in EU law, harmonization of procedural rules, fundamental rights in EU competition proceedings
Abstract
The general rule concerning the application of EU law in the Member States is that, unless the procedural issues are directly regulated in EU primary or secondary law, the Member States possess a so-called ‘procedural autonomy’. This rule applies fully to national antitrust proceedings, where the presumed infringement may affect trade between EU Member States (decentralised EU antitrust proceedings). However, the procedural guarantees offered to undertakings in EU antitrust proceedings before the European Commission, often referred to the undertakings’ ‘rights of defence’, also form a part of the procedural acquis of EU law. This article examines the question whether that procedural acquis, stemming mainly from EU courts’s jurisprudence and formulated with regard to the proceedings before the European Commission, should be applied as a standard in national (i.e. Polish) antitrust proceedings where EU law applies.
Recommended Citation
Kowalik-Bańczyk, K. (2012). Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings. Yearbook of Antitrust and Regulatory Studies, 5(6), 215-234. Retrieved from https://press.wz.uw.edu.pl/yars/vol5/iss6/10
First Page
215
Last Page
234
Page Count
19
Publisher
University of Warsaw
Publication Date
2012-03-30
