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4 The Procedure before the EU Commission

Konstantin Jörgens, Manuel Kellerbauer

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 03 December 2021

Subject(s):
Cartels — European Union — Appeals — Transparency Directive

The chapter deals with the various stages of a cartel procedure: the preliminary investigative phase and the inter partes stage, which takes place after the issuance of a statement of objections up to the adoption of a decision (which may impose fines). Key issues are requests for information, the initiation of proceedings, state-of-play meetings, the statement of objections, and the access to file, the relevance of the Transparency Regulation to gain access to documents, and the oral hearing. It also addresses settlement procedure. Konstantin Jörgens (Garrigues, Madrid) addresses these topics from the perspective of the private practitioner and Manuel Kellerbauer (Legal Service, European Commission) from the perspective of the pubic enforcer. He focuses on the role of the rights of defence at the different stages of the procedure, the right to access the file, and the right to obtain evidence that is not in the Commission’s possession.

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