The Interaction between EU Competition Law Procedures and Fundamental Rights Protection: the Case of the Right to Be Heard

Abstract

This paper analyses the jurisprudence of the European Court of Human Rights on the rights of defence as enshrined in Article 6 of the European Convention on Human Rights. In particular, it assesses Strasbourg jurisprudence on the right to be heard and on the right to access documents. The paper considers whether the practice in EU competition law procedures complies with the fair trial standards that follow from Strasbourg judgments. Based on this assessment, the paper provides an answer to the question whether there is an overcompensation or undercompensation of fundamental rights protection in EU competition law procedures.

Keywords

• article 6 echr
• article 47 charter
• article 41 charter
• fundamental rights as a general principle of eu law
• public enforcement
• defence rights
• right to be heard
• right to access documents