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Right(s) of Defence, Access to the File and Fairness in Competition Procedures:

A Reflection on the Judgment of the Court of Justice in Case C‑607/18 P

Inês Neves, Kim Steffens

DOI https://doi.org/10.21552/core/2020/4/4

Keywords: procedural rights, right of defence, access to the file, right to be heard, statement of objections


When applying competition law, competition authorities must comply with the undertakings’ ‘fundamental’ rights and guarantees. The right of defence is commonly understood as a right that unfolds in several dimensions, being the basis of other as important rights such as the right to be heard or the right to access the file. In case C‑607/18 P NKT Verwaltung and NKT v Commission, the Court has delivered a fruitful judgment for the debate about fairness in Competition Law procedures.
Keywords: procedural rights; right of defence; access to the file; right to be heard; statement of objections.

Inês Neves, Guest Lecturer at the Faculty of Law, University of Porto; Junior Lawyer at Morais Leitão, Galvão Teles, Soares da Silva & Associados; Collaborator Researcher at Centro de Investigação Jurídico-Económica (CIJE); PhD candidate. For correspondence: <mailto:ineves@direito.up.pt>. Kim Steffens, LLB (HONS) European Law Student at Aberystwyth University. Legal Research Assistant. For correspondence: <mailto:ka.steffens98@gmail.com>.

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