Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases under Regulation 1/2003. CEPS Special Report, 18 November 2011

Lang, John Temple (2011) Three Possibilities for Reform of the Procedure of the European Commission in Competition Cases under Regulation 1/2003. CEPS Special Report, 18 November 2011. UNSPECIFIED.

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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.

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