Monday, October 29, 2012
Due Process in EU Competition Cases Following the Introduction of the New Best Practices Guidelines on Antitrust Proceedings
Posted by D. Daniel Sokol
Anne MacGregor (Cadwalader) and Bogdan Gecic explore Due Process in EU Competition Cases Following the Introduction of the New Best Practices Guidelines on Antitrust Proceedings.
ABSTRACT: Commission decisions have unprecedented legal and practical effects that require stringent procedural safeguards in order to satisfy due process. The current state of EU judicial review is as yet insufficient to counterbalance the far-reaching impact of Commission decisions. The Commission's recently adopted antitrust best practices package does not cure the inadequacies of the broader enforcement model and to some extent exacerbates the due process problem. The Commission's procedure could be reformed into a full two-tier system, modelled on robust Continental civil administrative systems, which would add to its actual and perceived fairness.