Part I Concurrent Enforcement of Competition Law, 5 Fundamental Rights and General Principles

Subject(s):

Cartels — European Union — Arbitration procedures — Allocation of cases — Judicial review — National Courts — Rights — National courts

This chapter looks at the fundamental rights and principles applicable to the analysis of the concurrent enforcement of competition law. These are: the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States. This chapter examines the different sources and scopes of application of fundamental rights in the European Union and the United Kingdom. It also discusses the ‘criminal’ nature of proceedings for the public enforcement of Articles 101 and 102 TFEU for the purpose of certain fundamental rights standards. The remaining sections analyse the privilege against self-incrimination, legal professional privilege, the principle of effective judicial protection, the principle of ne bis in idem, and the procedural autonomy of EU Member States.