The Interface Between Companies' Fundamental Rights and Competition Law Enforcement in the EU: Past, Present and Future

Chen, I-Ju (2016) The Interface Between Companies' Fundamental Rights and Competition Law Enforcement in the EU: Past, Present and Future. Global Antitrust Review. pp. 7-41.

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Abstract

Since the EU is bound by the EU Charter of fundamental rights due to the amended Treaty of the European Union, the critical points of companies’ fundamental rights in competition proceeding has generated a large number of legal debates. This article evaluates whether changes to the current competition enforcement are necessary as to comply with EU fundamental rights standards. This article discusses the paradox between the EU competition enforcement and companies’ fundamental rights protection. In author’s view, the EU should comply with EU fundamental rights law, particularly due to the Charter’s binding effects on the EU. The case law concerning EU competition law has reflected compliance with the European Convention on Human Rights. Nevertheless, the effective competition enforcement is still necessary for an undistorted market and will ultimately maintain a well-functioning market. This brings a result to consumer welfare, which is another kind of protection of fundamental rights.

Item Type:	Article
Dates:	Date Event 31 December 2016 Published 30 September 2016 Accepted
Subjects:	CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions:	Faculty of Business, Law and Social Sciences > College of Law, Social and Criminal Justice
Depositing User:	I-Ju Chen
Date Deposited:	17 Mar 2020 12:36
Last Modified:	12 Jan 2022 14:08
URI:	https://www.open-access.bcu.ac.uk/id/eprint/9035

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