Tag: Privilege against Self-Incrimination
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Self-Incriminating Nature
How to react if a company claims that a question is of a self-incriminating natureWhere the addressee of a request for information pursuant to Article 18(2) of Regulation 1/2003 refuses to reply to a question in such a request invoking the privilege against self-incrimination, as defined by…
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Self-Incrimination Admissible Questions
Categories of questions that are admissibleIn line with the existing case law two types of questions are fully compatible with the privilege against self-incrimination (i.e. these types of questions are lawful).More about Self-Incrimination Admissible QuestionsThe provision of docu…
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Self-Incrimination Definition
Definition of Self-IncriminationIn 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 pr…
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Privilege against Self-Incrimination Basic Principle
The Basic PrincipleThe privilege against self-incrimination protects undertakings against the obligation to reply to self-incriminating questions, i.e. to admit the existence of an infringement of EU competition law (in which they participated).More about Privilege against Self-Incrimin…