Open AccessNew Scenarios of the Right of Defence Following Directive 1/2019
Author(s) -
Marialaura Rea
Publication year - 2019
Publication title -
yearbook of antitrust and regulatory studies
Language(s) - English
Resource type - Journals
eISSN - 2545-0115
pISSN - 1689-9024
DOI - 10.7172/1689-9024.yars.2019.12.20.4
Subject(s) - directive , vagueness , member states , harmonization , european commission , international trade , political science , law and economics , commission , competition (biology) , business , law , european union , economics , computer science , artificial intelligence , programming language , ecology , physics , acoustics , biology , fuzzy logic
The purpose of this paper is to analyze the effects of Article 3 of Directive 1/2019 when transposing it by Member States. The incompleteness and vagueness of Article 3 of Directive 2019/1 could cause non-harmonization in the various EU Member States, especially those in Eastern Europe, of the right of defence for the defendant party in the antitrust procedure. More specifically, to avoid this effect, Member States must adapt to European standards. In doing so, the paper intends to shed some light on how the right of defence is protected by the European Commission during competition proceedings.