Due process in EU antitrust proceedings

Summary

1. Introduction
2. Analysis of due process and procedural fairness in current EU antitrust proceedings
2.1 The relevance of the European Convention on Human Rights (ECHR)
2.2 Does the existence of an application for annulment to the General Court (GC) cure this problem?
2.3 In any event, the level of review in the GC would not meet ECHR standards
2.4 Proposals for reform
3. Specific Comments on the Commission’s Best Practices in Antitrust Proceedings and Guidelines on the Hearing Officer
3.1 Overview
3.2 Leniency
3.3 Sector inquiries
3.4 Separation of roles as investigator, prosecutor and decision maker
3.5 Improved rights of defence during inquiry
3.6 Legal Professional Privilege (‘LPP’)
3.7 Improved management of the file
3.8 Access to file and engagement during the investigation phase
3.9 Time limits
3.10 Right to be heard regarding proposed penalties
3.11 Settlements
4. Conclusion