Due Process in EU Competition Proceedings

The purpose of this book is to describe the rules of due process as they are being applied today and as they have evolved over the years. The book offers an intensive analysis of the more important issues of due process that arise in the quasi-criminal context of infringement proceedings and in the somewhat less adversarial context of merger clearance proceedings. Topics covered in the book include: ; international and bilateral cooperation agreements; Commission’s powers of investigation; attorney-client privilege and privilege against self-incrimination; access to the Commission’s file and relevance of the Transparency Regulation; possible intervention by the European Ombudsman; right to be heard and role of the Hearing Officer; fines, leniency, and settlement procedure; parent/subsidiary and successor liability; double jeopardy; enforcement of EU competition rules by national competition authorities, by national courts and by arbitration; private enforcement and damages; notification of concentrations to Commission; review process of concentrations and acceptance of remedies; judicial review of infringement decisions and of merger clearance decisions.