This seminar is focused on the analysis of how the European Commission investigates infringements of Articles 101 and 102 TFEU, examining in detail its powers of investigation and analyzing the procedural rights of the parties concerned. Judicial review against Commission decisions and issues related to the decentralisation of EU competition law enforcement are also thoroughly tackled. Finally, this seminar also covers anti-dumping and other trade defence procedures.
On completion of the course, the student will be expected to be able to master the basic rules of EU administrative law governing competition and trade defence proceedings. They will understand and apply these rules easily, with a critical approach at times.
It covers Overview of Regulation 1/2003; Opening of the file and proceedings. Transparency; Leniency policy; Information requests, interviews and inspections; Procedures to establish the existence of an infringement. Rights of defendants: statement of objections, access to the file, written reply and oral hearings. Third parties' rights. Advisory Committee meetings; Settlements; Article 7 decisions. Remedies; Fines. Commission's policy and calculation methods; Rejection of complaints; Other procedures: Voluntary adjustments, commitments, declarations of inapplicability and informal guidance. Interim measures and withdrawal of the benefit of a block exemption. Monitoring. Closing of the file; Appeals before the EU courts against Commission's decisions; Decentralisation under Reg. 1/2003: The role of national competition authorities and national judges; Anti-dumping and anti-subsidies procedures; Other trade defence procedures.
Professor: Luis ORTIZ BLANCO