The Role of the Hearing Officer for Ensuring Good Administration in EU Competition Proceedings

Abstract

Over the past 12 years the European Ombudsman has found on several occasions instances of maladministration in competition proceedings on the part of the European Commission. These cases raise the question what the role of the Hearing Officer in competition proceedings actually is and whether ensuring good administration is part of its mission. Although the answer may seem simple, it is made complicated by the Guidance on procedures of the Hearing Officers (hereinafter ‘Guidance’), which explicitly states that the Hearing Officers “[are not] responsible for ensuring the respect of the principle of sound administration.” With regard to the foregoing, this paper will aim at clarifying to what extent the Hearing Officer is responsible for ensuring good administration in competition proceedings and which aspects of good administration it is obliged to safeguard. Therefore, the concept of good administration will be first briefly discussed and next the role of the Hearing Officer for ensuring the right and the principle of good administration will be examined in turn.