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14 ERA F. 1 (2013)

handle is hein.journals/erafrum14 and id is 1 raw text is: ERA Forum (2013) 14:1-8 DOI 10.1007/s12027-013-0291-2 |It l iORIAl1 Competition proceedings and fundamental rights: another piece of the puzzle Maria Luisa Stasi EUROPADSCHE ECHTBMAKAEMDE Published online: 12 April 2013 © ERA 2013 TRE°-T°EE5-TE°a Keywords Commission's powers Inspection decisions Fundamental rights of the parties As provided in Article 51, par. 1 of the EU Charter of Fundamental Rights,1 the Eu- ropean Commission (hereinafter the Commission), alongside the other institutions, bodies, offices and agencies of the Union, shall respect the rights, observe the prin- ciples and promote the application thereof in accordance with (its) respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties. With regard in particular to the Commission's powers of implementation of the Treaty rules on competition law, recital 37 of Regulation No. 1/20032 declares that the rules contained therein respect the fundamental rights and observe the principles recognised by the above-mentioned Charter and that, accordingly, the Regulation it- self should be interpreted and applied with respect to those rights and principles. Notwithstanding the above, in recent times the antitrust system in force within the European Union has been widely criticised by legal practitioners and academics. 1Charter of Fundamental Rights of the European Union of 7 December 2000, OJ C 364, 18.12.2000, pp. 1-22. 2Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on com- petition laid down in Articles 81 and 82 of the Treaty, OJ L 1, 4.1.2004, pp. 1-25. M.L. Stasi, Course Director (C) Business law section, ERA Academy of European Law, Metzer Allee 4, 54295 Trier, Germany e-mail: mstasi@era.int __ Springer