"In the Orkem-judgment (para. 34) the ECJ stated that the “Commission may not compel an undertaking to provide it with answers which might involve an admission on its part of the existence of an infringement which it is incumbent upon the Commission to prove” The precise distinction between self incriminating questions and lawful questions may sometimes be difficult to draw. However the following indications might be helpful. Whether a question is of a self-incriminating nature or not should be assessed from an objective perspective (average and reasonable respondent) rather than the perspective of the individual addressee (subjective perspective). It is not relevant which information the Commission already has in its possession when asking a question. This approach ensures an objective interpretation of the law, consistent with the principle of legal certainty. It is recommended to assess whether a company can answer a question truthfully without an admission of guilt." © European Commission
This Glossary matches the list of keywords used by Concurrences search engine. Each keyword is automatically updated by the most recent EU and national case laws from the e-Competitions Bulletin and Concurrences Review. The definitions are excerpt from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993).
Right against self-incrimination
Glossary
A
Absolute territorial protection
•
Abuse of dominant position
•
Abuse of economic dependence
•
Access to essential facility
•
Access to information
•
Access to the file
•
Agency agreement
•
Agent
•
Agreement (notion)
•
Amicus curiae
•
Ancillary restraints
•
Annulment
•
Anticompetitive objet or effect
•
Anticompetitive practices
•
Applicable law
•
Arbitration
B
C
Cartel
•
Clearance phase I (merger)
•
Clearance phase II (merger)
•
Collecting society
•
Collective dominance
•
Collective redress (class action)
•
Competence
•
Competition policy
•
Competition policy
•
Complaint
•
Compliance programme
•
Compulsory license
•
Concerted practices
•
Concession
•
Concurrent jurisdiction
•
Consumers protection
•
Consumers’ associations
•
Control (change)
•
Control (notion)
•
Cooperation Agreement
•
Cooperation between competition authorities
•
Coordinated effects
•
Copyright
•
Corporate group
•
Corruption
•
Cost-based access
•
Criminal sanctions
•
Cross subsidisation
D
E
ECHR
•
Economic analysis
•
Economic efficiency
•
Effect on trade between Member States
•
Effective judicial protection
•
Environmental protection
•
Essential facility
•
European Competition Network (ECN)
•
Excess prices
•
Exchanges of information
•
Exclusive distribution
•
Exclusive purchasing agreement
•
Exclusive right (Art. 106 TFEU)
•
Exclusivity clause
•
Exhaustion
•
Extra-territoriality
F
I
M
P
Parallel imports (parallel trade)
•
Passing-on
•
Pay-for-delay
•
Periodic penalty payment
•
Personal data
•
Predatory pricing
•
Preliminary ruling (Art. 267 TFUE)
•
Price discrimination
•
Price-fixing agreement
•
Prices
•
Principle of effectiveness
•
Principle of equal treatment
•
Principle of equivalence
•
Principle of proportionality
•
Private enforcement
•
Privatization
•
Procedural autonomy
•
Professional association
•
Public procurement
•
Public undertaking
R
S
Sector inquiry
•
Selective distribution
•
Services of general economic interest
•
Single branding
•
Sole control
•
Spill-over effects
•
Standard-Essential Patent (SEP)
•
State action defense
•
State aid (compatibility)
•
State aid (existing aid)
•
State aid (notification)
•
State aid (notion)
•
State aid (recovery)
•
State aid (tax ruling)
•
State aid (unlawful aid)
•
State measure
•
Sudden break of established business relationships
