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The Commission's New Power to Question and Its Implications on Human Rights - Chapter 26 - International Antitrust Law & Policy: Fordham Corporate Law 2004
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International Antitrust Law & Policy: Fordham Corporate Law 2004 - Hardcover International Antitrust Law & Policy: Fordham Corporate Law 2004 - PDF ___________________________________________________________________________________ Preview Page Chapter 26
THE COMMISSION’S NEW POWER TO
QUESTION AND ITS IMPLICATIONS ON
HUMAN RIGHTS
James S. Venit and Tero Louko†
I. INTRODUCTION
There is a fairly extensive literature on the role of the European
Convention for the Protection of Human Rights and Fundamental
Freedoms (the “ECHR”) in antitrust proceedings conducted by the
European Commission (the “Commission”).1 The discussion has focused
on the extent to which the respect of human rights offer protections to
companies (undertakings and associations of undertakings in EU parlance)
subject to a Commission antitrust investigation and has centered on the
right against self-incrimination, the right to a fair trial, the freedom from
retroactive criminal punishment, the protection against double jeopardy,
etc. Until now, however, it has generally been accepted that human rights
do not need to be included in EU procedural rules to protect individuals
(e.g. employees, managers) because the Commission cannot impose any
sanctions on individuals.2
The Commission has traditionally relied on documents and written
submissions to establish an antitrust law infringement. Prior to the
adoption of Regulation 1/2003, the Commission did not have the power to
compel testimony from an individual and Regulation 17,3 the predecessor
About the Editor:
Barry Hawk, Director, Fordham Corporate Law Institute; Professor of Law, Fordham University and Partner, Skadden Arps Slate Meagher & Flom (New York and Brussels)
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