Procedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedings

Simple item record

Full item record

dc.contributor.authorKowalik-Bańczyk, Krystyna
dc.contributor.organizationInstitute of Legal Studies, Polish Academy of Sciencesen
dc.contributor.organizationFaculty of Management and Economics, Gdańsk University of Technology
dc.date.accessioned2012-08-20T14:02:03Z
dc.date.available2012-08-20T14:02:03Z
dc.date.issued2012
dc.description.abstractThe 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.en
dc.description.epersonMichał Mijal
dc.identifier.urihttps://open.icm.edu.pl/handle/123456789/195
dc.language.isoenen
dc.publisherCenter for Antitrust and Regulatory Studiesen
dc.rightsUznanie autorstwa 3.0 Polskapl_PL
dc.rights.urihttp://creativecommons.org/licenses/by/3.0/pl/
dc.subjectfundamental rights in EU competition proceedingsen
dc.subjectharmonization of procedural rulesen
dc.subjectprocedural autonomy in EU lawen
dc.subjectrights of defence in EU competition proceedingsen
dc.titleProcedural Autonomy of Member States and the EU Rights of Defence in Antitrust Proceedingsen
dc.typearticleen
Files for this record
Original bundle
Now showing 1 - 1 of 1
Name: s215 Procedural Autonomy.pdf
Size: 263.05 KB
Format: Adobe Portable Document Format
Description:
Download
License files
Name: license.txt
Size: 597 B
Format: Item-specific license agreed upon to submission
Description:
Download
Belongs to collection
Artykuły / Articles