The impact of the Modernisation Regulation on the guarantees of due process in competition proceedings

Abstract:

Council Regulation 1/2003 has dramatically changed the framework for the enforcement of EC competition law by making the application of Arts 81 and 82 EC a "shared responsibility" of the Commission and the National Competition Authorities. However, the enhanced co-operation among the competition authorities was not matched by harmonised rules as regards antitrust sanctions, procedures and the treatment of evidence. This article explores some of the implications of the rules governing case allocation and the exchange and use in evidence of information contained in Regulation 1/2003 for the effective protection of the rights of the defence of the investigated undertakings.