An ECHR Analysis of the Investigative Powers of the European Commission in Competition Cases

Posted by Social Science Research Network

An ECHR Analysis of the Investigative Powers of the European Commission in Competition Cases – Karan Rana (Independent)

ABSTRACT: This paper explains that the level of protection which is provided by the ECHR is not completely met by the general principles of the EU law in respect of the undertakings’ protection against self-incrimination and right to inviolability of home. The main purpose of my paper is to analyze whether and to what extent the Commission’s wide and discretionary investigative powers under Regulation 1/2003, comply with the human rights protection standards laid down in the ECHR, more precisely, the undertakings’ right of defense as guaranteed by Article 6(1) and 8 ECHR.