The Privilege against Self-Incrimination in EU Competition Law: A Deafening Silence?

Abstract:

This article examines the scope of the privilege against self-incrimination, a criminal law principle, in the administrative law enforcement of EU competition law by the Commission.

In the literature, claims are made that the scope of this privilege in EU competition law proceedings is substantially different from the scope in criminal law proceedings, and, in particular, from its counterpart in the case law of the European Court of Human Rights (ECtHR). This article will argue that the differences are not as substantial as may appear at first sight.