Rights of Defence and competition law: An overview of EU and national case law

Ask a lawyer to name the most basic procedural right, he/she will likely reply: “the rights of defence”. To many lawyers, these rights appear – maybe even before access to justice – as the most immediate and natural guarantee in criminal or quasi-criminal proceedings. After all, before Adam and Eve were expelled from the Garden of Eden, Adam was given a chance to put the blame on Eve, who in turn was given an opportunity to put the blame on the serpent (who unluckily for it could not – and was not given a chance to – put the blame on anyone else) [1]. Yet, as is the case for many other natural things, the shape and contours of the rights of defence do not always appear clearly. This is due in large part to the number of components constituting the rights of defence, which include

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Claire Lavin, Eric Barbier de la Serre, Rights of Defence and competition law: An overview of EU and national case law, 21 September 2016, e-Competitions Due Process Research Program, Art. N° 81215

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