Protection of the Fundamental Rights of Companies Under the ECN+ Directive: a Milestone or a Missed Opportunity?
Creators: name: Michałek-Gervais, Marta
Publisher: name: Zenodo
Year: 2020
Subjects: ECN+ Directive
right to a defence
fundamental rights
striking a balance
protection of the companies' fundamental rights
legal professional privilege
rights of companies
the LPP
EU Member States
privilege against self-incrimination
the PASI
EU institutions
protection of the rights of companies
law investigations
proceedinghe ECN+ Directive

description: This unit was published in „International Cooperation of Competition Authorities in Europe: from Bilateral Agreements to Transgovernmental Networks” Błachucki, M., ed., (2020). The main aim of the ECN+ Directive consists in ensuring a more effective and uniform enforcement of Articles 101 and 102 TFEU by providing the national competition authorities with a minimum common toolkit and enforcement powers, as well as improving cooperation between the NCAs. This article focuses on the question that appeared somewhere on the margins of the adoption of the ECN+ Directive, namely the protection of companies’ fundamental rights in the ECN+ Directive. The text presents the background of the adoption of the ECN +Directive, the evolution of the wording of the regulation regarding the protection of fundamental rights in the course of the legislative procedure, and a brief analysis of the scope of protection eventually introduced in the ECN+ Directive. As the regulation is too laconic and fails to deal with several important issues, it is concluded that the EU institutions have actually missed an excellent opportunity to enforce and unify the protection of the rights of companies involved in competition law investigations and proceedings.
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