The legitimacy of EU competition fines – a structural comparison of european and national criminal investigation mechanisms (by Oliver Jany)
The fines imposed by the Comission have tremendously increased over the recent years. Some scholars argue, they have always been or at least become “some sort of criminal law”. However, the extend and scope to which this results in criminal procedural saveguards are to be applied for the undertakings concerned remains uncleared. Thus, I want to analyse the investigation mechanisms of the Comission according to the directive 1/2003 and compare the standard of legitimacy with all its constitutional and procedural saveguards with some national investigation mechanisms in order to establish a basis for a comparison of the level of protection provided within the European Union with regard to competition fines.
Mr. Oliver Jany – Oliver.Jany@rwi.uzh.ch
University of Zürich