The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights

The present article aims to answer the question whether an undertaking’s responsibility (sometimes also referred to as liability) in an antitrust proceeding held by the President of the Office of Competition and Consumer Protection (the Polish National Competition Authority) is of a criminal nature....

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Main Author:	Anna Błachnio-Parzych
Format:	Article
Language:	English
Published:	University of Warsaw 2012-08-01
Series:	Yearbook of Antitrust and Regulatory Studies
Subjects:	criminal charge criminal penalty human rights responsibility in antitrust proceedings nature of the responsibility
Online Access:	https://yars.wz.uw.edu.pl/images/yars2012_5_6/The_Nature.pdf

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spelling	doaj-421269248f4247d1afb4afc58d3ce2fb2020-11-25T04:04:28ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152012-08-01563555The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human RightsAnna Błachnio-ParzychThe present article aims to answer the question whether an undertaking’s responsibility (sometimes also referred to as liability) in an antitrust proceeding held by the President of the Office of Competition and Consumer Protection (the Polish National Competition Authority) is of a criminal nature. The notion of ‘criminal charge’ is rather extensively construed in the jurisprudence of European Court of Human Rights, which has formulated the criteria for criminal responsibility. Taking these criteria into account, the author postulates that the severe character of pecuniary sanctions imposed in Polish antitrust proceedings is an argument for the criminal character of the proceedings. Thus the guarantees of Article 6 of the European Convention on Human Rights should be applicable to Polish antitrust proceedings.https://yars.wz.uw.edu.pl/images/yars2012_5_6/The_Nature.pdfcriminal chargecriminal penaltyhuman rightsresponsibility in antitrust proceedingsnature of the responsibility
collection	DOAJ
language	English
format	Article
sources	DOAJ
author	Anna Błachnio-Parzych
spellingShingle	Anna Błachnio-Parzych The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights Yearbook of Antitrust and Regulatory Studies criminal charge criminal penalty human rights responsibility in antitrust proceedings nature of the responsibility
author_facet	Anna Błachnio-Parzych
author_sort	Anna Błachnio-Parzych
title	The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights
title_short	The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights
title_full	The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights
title_fullStr	The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights
title_full_unstemmed	The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights
title_sort	nature of responsibility of an undertaking in antitrust proceedings and the concept of ‘criminal charge’ in the jurisprudence of the european court of human rights
publisher	University of Warsaw
series	Yearbook of Antitrust and Regulatory Studies
issn	1689-9024 2545-0115
publishDate	2012-08-01
description	The present article aims to answer the question whether an undertaking’s responsibility (sometimes also referred to as liability) in an antitrust proceeding held by the President of the Office of Competition and Consumer Protection (the Polish National Competition Authority) is of a criminal nature. The notion of ‘criminal charge’ is rather extensively construed in the jurisprudence of European Court of Human Rights, which has formulated the criteria for criminal responsibility. Taking these criteria into account, the author postulates that the severe character of pecuniary sanctions imposed in Polish antitrust proceedings is an argument for the criminal character of the proceedings. Thus the guarantees of Article 6 of the European Convention on Human Rights should be applicable to Polish antitrust proceedings.
topic	criminal charge criminal penalty human rights responsibility in antitrust proceedings nature of the responsibility
url	https://yars.wz.uw.edu.pl/images/yars2012_5_6/The_Nature.pdf
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The Nature of Responsibility of an Undertaking in Antitrust Proceedings and the Concept of ‘Criminal Charge’ in the Jurisprudence of the European Court of Human Rights

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