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The Global Limits of Competition Law$
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D. Daniel Sokol and Ioannis Lianos

Print publication date: 2012

Print ISBN-13: 9780804774901

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804774901.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 21 October 2019

Competition Law and Human Rights

Competition Law and Human Rights

Striking a Balance Between Business Freedom and Regulatory Intervention

Chapter:
(p.22) 2 Competition Law and Human Rights
Source:
The Global Limits of Competition Law
Author(s):

Arianna Andreangeli

Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804774901.003.0003

This chapter discusses Council Regulation No 1/2003, which conferred pervasive investigative powers upon the European Commission. The regulation enlarged the array of tools at the Commission's disposal for competition matters. It addresses the question of where to draw the boundary between, on the one hand, the pursuit of competition through administrative action and, on the other, the effective protection of business freedom and freedom from disproportionate interferences with the undertakings' rights. The first part of the chapter focuses on the procedural aspects of this issue and considers the extent to which the current safeguards, prescribed by Council Regulation No 1/2003 and interpreted by the European Court of Justice, are sufficient to fulfill the standards of due process enshrined in the European Convention on Human Rights (ECHR). The second part addresses the substantive question of whether the restrictions on the freedom of contract, and more generally on market freedom, imposed upon dominant firms by competition enforcement agencies are compatible with the rights contained in the ECHR.

Keywords:   European Court of Justice, competition law, European Commission, Council Regulation No 1/2003, due process, European Convention on Human Rights, market freedom, freedom of contract

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