Rights of the Defence in Administrative Investigations: Access to the File in EC Investigations

Abstract

The right of access to the file forms part of defence rights in EC law: that much is easy to assert, however variations still exist in the way defence rights are implemented within the framework of EC investigations. Two divergent approaches are discussed here, in the areas of competition and protection of the financial interests of the European Union. The author observes certain incongruities in present practice and argues for a common approach at EC level.