The Silver Plastics Case: Where Should the Boundaries Between Effective Competition Law Enforcement and Safeguarding a Parties’ Fundamental Rights Lie? (C-702/19 P Silver Plastics)

Abstract

Case C-702/19 P Silver Plastics GmbH & Co. KG and Johannes Reifenhäuser Holding GmbH & Co. KG v European Commission, Judgment of the Court (Ninth Chamber) of 22 October 2020 In this judgment, the Court of Justice of the European Union examined the fairness of competition law proceedings, especially as regards the hearing of witnesses. As to the outcome, the Court confirmed that the parties have no absolute right to hear witnesses before the EU Courts. Nevertheless, this case is also worth analysing as an interesting input to the current debate on the scope of the practical application of fundamental rights’ protection measures in antitrust investigations.