INTERNATIONAL : EUROPEAN UNION - MEMBER STATES - ANTITRUST POLICY - CRIMINAL LAW - PROCEDURAL RIGHTS - ADMINISTRATIVE OR CIVIL TRIBUNALS - INDEPENDENT ADMINISTRATIVE AUTHORITIES

Defence rights, complainants rights and impartiality in administrative sanctions of national competition authorities

Depending on their legal and administrative culture, the Member States of the European Union have chosen different patterns for antitrust policy; three of them have given precedence to criminal law, four others have vested on administrative or civil tribunals the power to regulate antitrust practices, on the basis of investigations conducted by administrative organizations, while twenty Member States preferred independent administrative authorities. This choice eventually plays a minor role in the trade-off between strengthening procedural rights beyond the minimum required by European or domestic law and the demand for a prompt process that is voiced by the defense and the complainants.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. "Due process and fair trial The expression "due process", derived from Chapter 39 of Magna Carta and the Fifth Amendment to the US Federal Constitution, does not receive a precise translation in our continental European law. Nevertheless, this expression tends to come closer to the concept of "fair trial" within the meaning of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which constitutes a common European heritage and which is increasingly influencing the case-law of national courts, whether they rule on the basis of European law or national law. This Article focuses on provisions ensuring respect for the

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Liza Bellulo, Gillian Arnoux, Defence rights, complainants rights and impartiality in administrative sanctions of national competition authorities, September 2010, Concurrences N° 3-2010, Art. N° 31695, pp. 189-196

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