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

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

Inês Neves, Kim Steffens

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 4, Page 260 - 272

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.


The ECJ’s ICAP Judgment Sends a Clear Message That Procedural Rights Matter (C-39/18 P Commission v ICAP and Others) journal article

Thomas Wilson, Arjun Chandran

European Competition and Regulatory Law Review, Volume 4 (2020), Issue 4, Page 324 - 327

Case C-39/18 P Commission v ICAP and Others, Judgment of the Court of Justice (Third Chamber) of 10 July 2019 The Court of Justice’s judgment in the ICAP case confirms that European Courts will not shy away from annulling Commission decisions due to violations of procedural rights and that there is a general trend towards scrutinizing Commission decisions more closely. The Court’s ruling makes it clear that the Commission must provide sufficient reasons concerning the methodology used when setting the fine for a cartel facilitator. At the same time, it can be expected that the Commission will continue to prosecute cartel facilitators rigorously, as the Court did not take issue with the facilitator doctrine as such.

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