Outlook: Discussion of Reform Proposals
01 Jan 2020-pp 517-559
TL;DR: In this article, the authors defend the Commission's use of commitment decisions, arguing that the recourse to the Article 9 instead of the Article 7 procedure entails only a modest relaxation of the link between harm and remedy and of the procedural safeguards; it entails also a modest negative impact on legal certainty.
Abstract: So far, the present study has argued that most of the criticism that is levelled at the Commission’s use of commitment decisions is not justified. In the view defended here, the recourse to the Article 9 instead of the Article 7 procedure entails only a modest relaxation of the link between harm and remedy and of the procedural safeguards; it entails also only a modest negative impact on legal certainty. It is submitted that these modest shortcomings are, from an abstract point of view, acceptable in view of the consensual nature of commitments and of their underlying goal of procedural economy. This conclusion applies without prejudice to the necessity to balance the respective costs and benefits of Article 7 and Article 9 in each individual case according to the circumstances of the case at hand.
Citations
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01 Jan 2016
TL;DR: The 2011 proposal of the European Court of Justice aiming to increase the number of judges of the General Court has mutated after four years into a complete change of the EU judicial system.
Abstract: The 2011 proposal of the European Court of Justice aiming to increase the number of judges of the General Court has mutated after four years into a complete change of the EU judicial system. This long legislative debate was the first implementation of the Lisbon Treaty in the judicial domain. It has revealed different problems – formal and substantial – of the approach of public service reform in the European institutions.
References
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27 Apr 2012
2 citations
01 Jan 2012
TL;DR: In this article, the authors examine the various powers and tasks of the hearing officer in competition proceedings conducted by the European Commission and propose new terms of reference for the role of hearing officer.
Abstract: The new terms of reference of the Hearing Officer In October 2011 the European Commission adopted a new mandate of the hearing officer („Decision of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings), replacing the previous mandate of 2001. The new terms of reference strengthen and expand the role of the hearing officer. After a brief discussion of the compatibility of the institutional and procedural framework of European competition law with the European Convention of Human Rights and an overview of the scope of procedural rights, the article examines the various powers and tasks of the Hearing Officer in competition proceedings conducted by the European Commission. In general, his mission is to safeguard the effective exercise of procedural rights throughout antitrust and merger proceedings before the European Commission including the investigative phase. Depending on the procedural right in a particular situation, the hearing officer has decisional powers, may make a recommendation or may report the matter to the Competition Commissioner. He has new functions in the investigation phase (e.g. related to resolving issues of legal professional privilege and of self-incrimination) but also competences that existed already under the previous mandate, covering the right to be heard (i.e. the oral hearing), access to file, protection of confidential information and the hearing officer’s reporting and advising function towards the Competition Commissioner. 199) Albers (Fu n. 55).
2 citations
Book•
07 Oct 2013
TL;DR: Handbook on European Competition Law: Enforcement and Procedure sets out the procedural aspects of EU competition law, ranging from fines, remedies and judicial review, and provides unique insight into both private and public enforcement of completion law as mentioned in this paper.
Abstract: Handbook on European Competition Law: Enforcement and Procedure sets out in detail the procedural aspects of EU competition law, ranging from fines, remedies and judicial review. It also gives unique insight into both private and public enforcement of completion law, and offers commentary on the relationship between EU competition law and national competition law, and on the relationship between competition law and private international law.
2 citations