The right of access to the file in the enforsment of EU competition law: Strasburg style v. Luxsembourg style
The right of access to the file in the enforsment of EU competition law: Strasburg style v. Luxsembourg style

Summary/Abstract: A new era of modernisation and decentralisation was brought on by the Council Regulation 1/20033, which is considered the keystone in the most comprehensive reform of procedures for the enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Despite the attempt for decentralisation, the Commission still has a central role in the enforcement of EU competition law. The concentration of several functions in the hands of the Commission raises serious doubts about the compliance of the enforcement system with the due process guarantees and particularly with Article 6 of the European Convention on Human Rights (ECHR). The question of the fairness and objectivity of the administrative proceedings before the Commission has also attracted public interest. The effectiveness of the protection of the rights of defence, which aim at limiting the Commission’s powers in the field, has been questioned both in the academic literature and in the Union courts.

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