Monday, April 16, 2012
Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases Under Regulation 1/2003
Posted by D. Daniel Sokol
John Temple Lang, Cleary Gottlieb Steen and Hamilton explores Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases Under Regulation 1/2003.
ABSTRACT: Following an examination of the present procedures of the European Commission in competition cases under Regulation 1/2003, this paper finds that the existing safeguards for due process are not sufficient and explains why reform is urgently needed. Three possible radical solutions are outlined: 1) setting up a decision-making body within the Commission, 2) setting up a separate European competition authority and 3) making the Commission a “prosecutor” bringing competition cases before the General Court, which would adopt the first legally binding decisions.