Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases Under Regulation 1/2003
Centre for European Policy Studies (CEPS) Special Report
40 Pages Posted: 1 Feb 2012
Date Written: November 18, 2011
Abstract
Following an examination of the present procedures of the European Commission in competition cases under Regulation 1/2003, this paper finds that the existing safeguards for due process are not sufficient and explains why reform is urgently needed. Three possible radical solutions are outlined: 1) setting up a decision-making body within the Commission, 2) setting up a separate European competition authority and 3) making the Commission a “prosecutor” bringing competition cases before the General Court, which would adopt the first legally binding decisions.
Keywords: European Commission, Regulation 1/2003, competition, decision-making, competition
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