THE RIGHT TO ACCESS THE FILE IN COMPETITION PROCEEDINGS: ALBANIAN AND WESTERN BALKANS CHALLENGES IN THEIR EUROPEAN PATH

Abstract

The purpose of this paper is to examine the right to access one's file in competition proceedings, as part of the right to fair trial provided by European legal instruments, in relation to limitations of this access imposed by competition legislation in the European Union (EU) and Western Balkan (WB) countries. Pursuant to their aspirations to become Member States in the EU, they must align their legislation with the EU's Acquis while ensuring the protection of rights, as established by the ECHR. The methodology used to answer the research question combines desk review and two-level comparative study methodologies. The desk review is applied in this paper to answer the research question, focusing on a careful examination of the EU legal framework, while comparative approach, seeks to identify similarities and differences in the provisions related to the right to access the competition file in the EU, Albania, and other WB countries such as Kosovo, North Macedonia and Montenegro. Additionally, the study presents the interpretations of the right to access the file, as part of the administrative and/or trial proceedings in the case law of the European Court of Justice and the European Court of Human Rights from a human rights perspective. The findings of this study indicate that the right to access the file is restricted by public enforcement of competition law, only in specific cases where limitation pursues a legitimate aim, is proportionate and does not jeopardise the party's situation. The European human rights instruments mandate that the EU institutions, Member States and Candidate Member States must carefully regulate the clash between human rights and competition law. The WB countries have adopted the EU standards regulating access to the competition file. However, each jurisdiction has its own specifications, challenges and domestic factors shaping the national rules.