What is the biggest problem involved with the Commission’s competition law procedures?
In a nutshell, the quality of the Commission’s decisions is compromised by the quality of the procedures that precede these decisions. The factual bases for making decisions may be very poor. The case team that investigates a competition matter typically drafts the decision. The case team may “fall in love” intellectually with a complainant. There is no hearing by a decision-maker, only a session at which the case team listens skeptically to arguments which they have already rejected. The person chairing that hearing has no role other than to ensure it is formally fair and dignified. There is no opportunity to argue to those who will decide the quality of the case. The decision makers in the end are 27 politicians—26 of them will never have seen the evidence and never heard the legal arguments. Q: How do these procedures compare with other competition enforcement entities? A: The Commission’s procedures are inferior to almost anywhere else in developed democracies. While all companies
