PROTECTION OF UKRAINIAN BUSSINESS IN THE EUROPEAN UNION COMPETITION LAW

Abstract

The article is devoted to the analysis of the procedural rights of private persons in EU competition law, including Ukrainian ones who carry on business in the EU. In order to be successful in doing business in the EU, private persons (individuals and legal entities) need to be aware of their rights and be able to effectively protect them. In the field of EU competition law procedural rights of individuals are of particular importance, since very often their violations during the investigation of competitive cases become the grounds for challenging decisions of such institution as the European Commission, which is one of the main regulators of EU competition law. The article explores the scope of procedural rights of private persons, such as the right to defense, which includes the so-called privilege against self-discrimination, the right to be heard, the right to have a representative and the right to defend communication with a representative, the right to good governance, the principle of innocence, etc. Importantly, this study is based on an analysis of the jurisprudence of the Court of Justice the EU, which has jurisdiction to protect private persons against EU institutions’ infringements and has the monopoly to interpret EU law.

Keywords

• Court of Justice of the EU
• European Union
• EU competition law
• EU internal market
• protection of rights
• procedural rights