Thursday, December 15, 2011
The Role of the European Ombudsman in Competition Proceedings: A Second Guardian of Procedural Guarantees?
Posted by D. Daniel Sokol
Andreas Scordamaglia-Tousis (European University Institute) asks The Role of the European Ombudsman in Competition Proceedings: A Second Guardian of Procedural Guarantees?
ABSTRACT:This Journal recently published an article written by the European Ombudsman about the role played by him in the procedure regarding Intel where a complaint for maladministration had been introduced against the European Commission.
To provide a more general perspective, this article analyses the role played by the ombudsman in competition law proceedings—including the 35 complaints dealt with by him so far in that context.
From that analysis, it appears that some recent EO decisions have been influential in improving deficiencies in competition proceedings; that EO findings can have an impact on judicial proceedings; and that, along with the Hearing Officer, the EO operates a control that could strengthen the Commission's legitimacy in light of the general due process debate.