This workshop will analyze the administrative procedures in EC competition law as they were designed back in 1962 and how they were changed as a result of landmark cases from the European courts during the 1990s. The core aspect of the workshop is to scrutinize the procedural model of tripartite distinction between undertakings, the holders of a "legitimate interest" and holders of a "sufficient interest".
In particular, in the light of recent legislative reforms (Regulation 1/2003 and the modernization package) and case law developments (Österreichische Postparkasse and VKI), the workshop will inquire whether adversarial inter partes procedures are an appropriate model to serve the substantive interests that competition law rules are intended to pursue.
The workshop will further scrutinize whether and how this procedural model aligns with the present patchwork of various enforcement methods of EC competition law. For example, how consumers' participation rights relate with leniency applications, commitments and in particular, with private enforcement as an alternative avenue of redress.