ARTICLES : COMMISSION PROCEDURE - PROCEDURAL RIGHTS - DG-COMP - COMMISSIONERS - SETTLEMENT PROCEDURE

Procedural rights before the European Commission in matter of cartels : Are the debates closed?

Suffering from a congenital malformation, the Commission’s procedure underwent several improvements in order to comply with parties’ procedural rights. Nevertheless, the fact that the DG COMP still leads the procedure while the Commissioners, who are the only one empowered to adopt the infringement decisions (by the Commission College), are little involved in this procedure, does not allow to fulfill these rights properly. The settlement procedure, which implies a greater role of the DG-COMP, highlights the necessity of a structural reform.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The rights to be heard and access to the file (hereinafter "procedural rights"), which are essential components of a fair trial, have been the subject of detailed regulations and rich [1]case law. Some of these rules are specific to cartel proceedings, the subject of this study. In response to criticisms of principle, the Commission has made successive improvements to the organisation of its procedure, most recently in 2011. In addition to the adoption of best practices [2], the powers of the Hearing Officer, who was set up in 1982 to ensure compliance with the procedural [3]rules, have been strengthened for the fourth time. Procedural irregularities

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  • Nest Avocats (Paris)

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Eric David, Procedural rights before the European Commission in matter of cartels : Are the debates closed?, February 2014, Concurrences N° 1-2014, Art. N° 62586, www.concurrences.com

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