Protection of human rights in european competion law

• Author: Diana Elena Ungureanu
• Position: Trainer, National Institute of Magistracy - Rumania
• Pages: 230-238

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 230-238

230

PROTECTION OF HUMAN RIGHTS IN EUROPEAN COMPETION

LAW

E. D. Ungureanu

Diana Elena Ungureanu

Christian University Dimitrie Cantemir,

Juridical and Administrative Sciencies Faculty

Judge, Court of Appeal Piteti,

Trainer, National Institute of Magistracy

*Correspondence: Diana Elena Ungureanu, 53 “Regina Elisabeta” Blv., Sector 5, Bucharest,

Romania

E-mail: dianaungureanu2004@yahoo.com

Abstract

One of the most common defenses raised by businesses inspected by the Commission

relates to violations of privacy, correspondence and home, protected by article 8 of the

Convention, namely that the Commission's investigative powers, often regarded as excessive

or exorbitant discretionary do not meet the standard of "necessary measure in a democratic

society", set out in article 8 paragr. 2 of the Convention to justify interference under paragr.

1.

Key words: competition, inspections, the right of privacy, correspondence and home,

art.8 E.C.H.R.

1. Introduction.

"Guardian of European competition policy" European Commission (the Commission)

is entrusted and, consequently has the properly instruments of the effective application of

Community competition law.

In order to ensure the effective application of Community competition law, enhanced

investigative powers of the European Commission and national competition authorities, under

Council Regulation (EC) no. 1/2003 of 16 December 2002 implementing rules on competition

laid down in art. 81 and 82 of the Treaty establishing the European Community (now art.101,

102 TFEU) raised many issues in terms of rights enshrined in the Convention (European)

Human Rights and Fundamental Freedoms (hereinafter the Convention) in particular Article

6 and Article 8.

2. The European autonomous notion of “home”.

One of the most common defenses raised by businesses inspected by the Commission

relates to violations of privacy, correspondence and home, protected by article 8 of the

Convention, namely that the Commission's investigative powers, often regarded as excessive

or exorbitant discretionary do not meet the standard of "necessary measure in a democratic

society", set out in article 8 paragr. 2 of the Convention to justify interference under paragr. 1.

This defense was first invoked in National Panasonic. In this case, two Commission

officials arrived without notice at the point of sale Panasonic, having a Commission decision

authorizing an unannounced inspection of all company documents. The inspection began

without company lawyer, who arrived three hours later and lasted seven hours, the two

Commission officials raising officials copies of documents and notes. Panasonic challenged

this procedure, alleging breach of Article 8 of the Convention. European Court of Justice

(hereinafter ECJ) ruled in that case that the inspection powers of the Commission under

Regulation 17/62, the first Regulation implementing Articles 81 and 82 TEC, which allows it