Jurisdiction(s):
United Kingdom

European Commission competition proceedings: rights of defence in antitrust and merger control, including SOs, access to file, LPP, oral hearings, cooperation agreements, and judicial review

Published by a LexisNexis Competition expert

Practice notes

Undertakings engaged in competition matters, including merger investigations, before the European Commission (the Commission) benefit from rights of defence that safeguard their interests throughout the process. Respect for these rights by the Commission is a core tenet of EU law and has been reinforced by the entry into force of the Treaty of Lisbon, which makes the EU Charter of Fundamental Rights (CFR) legally binding and provides for the EU’s accession to the European Convention on Human Rights (ECHR). Together, these instruments strengthen the legal framework within which the Commission must act.

Rights of defence in Commission antitrust proceedings

Several procedural measures adopted by the Commission during antitrust proceedings may have a lasting adverse impact on undertakings’ rights of defence. In view of this, Regulation 1/2003 aims at striking an appropriate balance between: (i) the effective enforcement of EU antitrust rules and (ii) the respect of undertakings’ rights of defence.

These rights of defence for undertakings encompass, in particular:

the privilege against self-incrimination
the right to be heard
the right to be assisted by legal counsel, including the protection of communications between legal counsel and the undertaking on the basis of legal professional privilege (LPP), and
the right to good administration

Each is analysed...

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Web page updated on 21/05/2026

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