ABSTRACT
This privilege is rather limited under Community law. This was highlighted in the Orkem and Solvay cases.38 These cases established that undertakings under investigation may refuse to give responses to questions that may directly incriminate them, but they are required to disclose documents that may assist in establishing a breach. Even after the position adopted by the Court was thrown into doubt following rulings made by the European Court of Human Rights39 the Court confirmed its position in Mannesmannröhren-Werke AG v Commission.40 The interaction between competition enforcement and human rights will be discussed further below.
