Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, April 22, 2021

At the Mercy of the Gatekeeper: The Theory and Practice of Undertakings’ Fundamental Rights in the EU Cartel Settlement Procedure

At the Mercy of the Gatekeeper: The Theory and Practice of Undertakings’ Fundamental Rights in the EU Cartel Settlement Procedure

Ştefan Ciubotaru 

  • This paper analyses remaining questions regarding the protection of undertakings’ fundamental rights by reference to the broader institutional context.

  • Noteworthy for the theoretical protection of fundamental rights is considering a bargaining approach to settlements and by taking into account that the Commission’s fines carry a communicative function.

  • In practice, the settlement procedure still suffers from institutional faults; prosecutorial bias and curial deference both in scrutiny of substantive elements of the offence and fining.

  • Particularly, hybrid cartels have shown a constant fundamental rights challenge; the impact of cases such as HSBC in practice and their overall use should be questioned.

https://lawprofessors.typepad.com/antitrustprof_blog/2021/04/at-the-mercy-of-the-gatekeeper-the-theory-and-practice-of-undertakings-fundamental-rights-in-the-eu-.html

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