Due process in European competition procedure: a fundamental concept or a mere formality?

• Europeans have long taken a relaxed approach to due process requirements. Mere formalities should not prevent an efficient implementation of competition law, but rather be practical and foreseeable. With the Lisbon Treaty things are changing. A fair process and equality of arms based on fundamental human rights stipulations require that procedural safeguards are ensured. Recent case law development confirms that these matters are given higher priority. Changes in the institutional organization are also called for.

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

fair process

due process

procedural safeguards

competition law

human rights

equality of arms

processrätt

civil and criminal procedure

Publication and Content Type

kap (subject category)

vet (subject category)