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Is It a Hearing If Nobody is Listening?

Competition Policy International
March 17, 2010

There are many criticisms of the oral hearing process. Indeed, there is a general growing tide of criticism of the manner in which competition law offenses in the European Union are investigated and prosecuted. It was partly in response to such concerns that on January 6, 2010 the European Commission published three papers setting out best practices in antitrust proceedings, best practices on submission of economic evidence, and a hearing officers' guidance paper. The Commission publication of that guidance included an invitation to submit comments by March 3, and it is understood that the response has been high. However, it was questionable from the outset whether such comments would necessarily lead to any changes. Indeed the process of preparing the package of guidelines took place with some secrecy and there was, regrettably, little appetite to take notice of any external views. Nevertheless those views are being expressed and it is debatable how much longer they can continue to be ignored.

This article originally appeared in The CPI Antitrust Journal.

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