Due Process in Antitrust Settlements

Abstract

A transactional resolution of antitrust proceedings brings many benefits to competition authorities and companies under investigation in public interest as well as private companies. Due process, as part of the rule of law, ensures that public interest is maximised in antitrust proceedings while safeguarding individual rights and freedoms at the basis of the market economy and our democracy. Starting with the investigation of sensitive points that can lead to an imbalanced result, this contribution aims to derive and propose recommendations on how transactional resolutions can achieve an optimal balance in terms of market intervention while safeguarding public interest on the one hand and protecting individual rights and freedoms on the other. At the end, the success of transactional resolution mechanisms will depend on procedural fairness and on the extent to which the rights of the parties involved will be safeguarded.

Keywords: Antitrust settlements, EU competition law, due process, fairness, defence rights, antitrust procedure, leniency, undertakings