Due Process in EU Competition Proceedings

This chapter analyses the competition law procedures in the EU through a more general lens of the four features of due process identified as key by the FTC’s Chairwoman Edith Ramirez. The discussion focuses on procedures applicable in antitrust cases, although various procedural features are largely common to the area of antitrust and mergers. Part I of this chapter deals with the question of legal representation. Part II outlines the rules and practices concerning the parties’ awareness of the charges they faces and the evidence against them. With respect to these two features of due process, the EU competition law procedures are overall very progressive and can serve as a basis of good practices. The remaining discussion turns to issues in relation to which the EU competition procedures face considerable criticism. In particular, Part III presents the scope for engagement between the parties, the case teams, and final decision-makers. Part IV examines the existing checks and balances in the EU competition procedures. The conclusion notes the Commission’s awareness of the critique of its procedures and the actions it undertook in response. It is acknowledged that considerable scope for improvement remains.

Marek Martyniszyn, 'Due Process in EU Competition Proceedings' in Daniel D Sokol and Andrew T Guzman (eds), Antitrust Procedural Fairness (Oxford University Press, 2019).