Read the 10 best academic and business antitrust articles published in 2012!

Nominated by Julie Brill, Alexander Italianer, Frédéric Jenny, Bill Kovacic, Bruno Lasserre

Previous business/academic article Next business/academic article

Due Process in EU Competition Cases Following the Introduction of the New Best Practices Guidelines on Antitrust Proceedings

Anne MacGregor and Bogdan Gecic, Journal of European Competition Law & Practice Volume 3, Issue 5, 2012, pp. 425-438.

See Anne MacGregor's resume See Bogdan Gecić's resume

Click here to read the full article online

European Commission decisions have unprecedented legal and practical effects that require stringent procedural safeguards in order to satisfy due process. The current state of EU judicial review is as yet insufficient to counterbalance the far-reaching impact of Commission decisions. The Commission’s recently adopted antitrust best practices package does not cure the inadequacies of the broader enforcement model and to some extent exacerbates the due process problem. The Commission’s procedure could be reformed into a full two-tier system, modelled on robust Continental civil administrative systems, which would add to its actual and perceived fairness..

© 2013 - Institute of Competition Law Download our brochure