Title Enforcement of EU competition law: limits on the investigating role of the Commission
Translation of Title ES konkurencinės teisės įgyvendinimas: Komisijos įgaliojimų atliekant tyrimus ribos.
Authors Šutaitė, Gailė
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Pages 83
Keywords [eng] legal professional privilege ; right to be heard ; right to a private life ; access to the Commission's file ; privilege against self incrimination
Abstract [eng] Master thesis is based on the analysis of the powers the European Commission is entitled to in the competition law procedures by the European Union law and the limits to those powers. The author founded its work by analysing the rights guaranteed by the European Union law and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The main focus is based on the legal professional privilege, right to be heard, right not to incriminate oneself and the right to a private life as well including the right to access the Commission's file. The author analyses those rights through the case - law of the European Union courts and the European Court of Human Rights together analysing legal acts and legal doctrine. Paper discusses whether the powers the Commission is entitled to are equally balanced with the limits to the Commission's investigating role. Author accentuates the differences of the case-law of the European Union Courts and the European Court of Human Rights and analyses whether the approach the European Union Courts are forthcoming is in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such approach is accentuated due to the fact that Lisbon Treaty discusses the possibility of accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Paper as well slightly discusses the view of the European Competition Law in the case-law of the Supreme Administrative Court of the Republic of Lithuania.
Type Master thesis
Language English
Publication date 2012