dc.contributor.author | Kawka, Inga | |
dc.date.accessioned | 2012-08-20T14:00:17Z | |
dc.date.available | 2012-08-20T14:00:17Z | |
dc.date.issued | 2012 | |
dc.identifier.uri | http://depot.ceon.pl/handle/123456789/193 | |
dc.description.abstract | The purpose of this article is to present and define the rights of the undertakings
concerned, which are parties to commitment decision proceedings, and to
discuss whether the rights granted to the undertakings are exercised. As regards
commitment decisions the main right of an undertaking/a party to the proceedings
is the right to defend its own interests in negotiations with the Commission. Other rights, such as the right to a transparent procedure, the rights resulting from the
principle of legal certainty and legality of sanctions, and the right to appeal, are also
analyzed. The article argues that these rights are not adequately enforced in EU
competition law. This is a result of a strong negotiating position of the Commission
and the fact that it acts both as a prosecutor and decision-renderer. Additionally,
the scope of European courts’ review is so narrow that it does not guarantee that an
undertaking is protected against offering excessive and unreasonable commitments. | en |
dc.language.iso | en | en |
dc.publisher | Center for Antitrust and Regulatory Studies | en |
dc.rights | Creative Commons Uznanie autorstwa 3.0 Polska | pl_PL |
dc.rights.uri | http://creativecommons.org/licenses/by/3.0/pl/legalcode | |
dc.subject | Article 9 of Regulation 1/2003 | en |
dc.subject | EU competition law | en |
dc.subject | commitment decisions | en |
dc.subject | Rights of an undertaking concerned | en |
dc.title | Rights of an Undertaking in Proceedings Regarding Commitment Decisions under Article 9 of Regulation No. 1/2003 | en |
dc.type | info:eu-repo/semantics/article | en |
dc.contributor.organization | Pedagogical University of Cracow | en |
dc.description.eperson | Michał Mijal | |
dc.rights.DELETETHISFIELD | info:eu-repo/semantics/openAccess | |