Wirksamer Schutz der Verteidigungsrechte im EU-Kartellverfahren

The rights of defence are fundamental procedural rights. As safeguards for an effective defence they protect undertakings in EU competition proceedings against excessive interference with their rights as a result of the proceedings and allow them to make their views known in the proceedings. The practical effect of the rights of defence is dependent not only on their substantive scope, but also on the legal consequences in case of their violation. With respect to the principles of primary EU law and the influence of the European Convention on Human Rights, Martin Fink evaluates the effectiveness of the rights of defence in competition proceedings before the European Commission and proposes a system for coherent legal consequences regarding violations of the rights of defence that is still missing in EU competition law.