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  

John Temple Lang

University of Dublin - Trinity College; Cleary Gottlieb Steen & Hamilton LLP

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

Suggested Citation

Temple Lang, John, Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases Under Regulation 1/2003 (November 18, 2011). Centre for European Policy Studies (CEPS) Special Report. Available at SSRN: https://ssrn.com/abstract=1996510

John Temple Lang (Contact Author)

University of Dublin - Trinity College ( email )

2-3 College Green
Dublin 2, Leinster 2
Ireland

Cleary Gottlieb Steen & Hamilton LLP ( email )

Rue de la Loi 57
Brussels, 1040
Belgium

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