Corporate Rights and EU Antitrust Law: A Compatible Incompatibility?

Abstract

Competition law in the EU has over the past 50 years of market, and economic harmonization has become almost as central to the Union as any of the other four fundamental freedoms. Many commentators consider the EU antitrust enforcement being at the heart of the successful growth of the common market. Despite this assumed success and the many attempts to modernize competition law the Commission continues to fill the central role in competition enforcement. Whilst there is some allowance made for a shared competence with national competition authorities the Commission remains the predominant institution in EU antitrust enforcement. This raises questions about antimonopoly enforcement and its application and scope. The centralization of power within the Commission has led many to question the compatibility of the Commission’s actions and powers with fundamental rights. This article considers the extent to which such powers are minimised by making available to companies rights of due process.