The Oral Hearing in Competition Proceedings Before the European Commission

Abstract

This paper deals with the (formal) oral hearing in competition proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU (antitrust proceedings) and under the EU Merger Regulation (merger proceedings). It analyses the legal basis and the nature and purpose of the oral hearing, examines who can request an oral hearing, and who can attend and speak at the oral hearing, compares the oral hearing with state of play meetings, and provides some general observations as to what factors may make addressees of a statement of objections decide in favour or against requesting an oral hearing.

JEL Classification: K21, K40, K42, L40