Fair trial and the rights of the defence in antitrust proceedings before the Commission: a need for reform?

This contribution explores possible solutions to the current combination of functions within the Commission in antitrust and merger cases in light of the Lisbon Treaty. The adversarial nature of the proceedings is assessed in light of the legal framework and the practice developed following the entry into force of Regulation 1/2003 with a view to determining whether the standard of protection ensured under EU law complies with the ECHR. More concretely, it is argued that the Lisbon Treaty offers interesting legal avenues for redefining control over hardcore violations of competition law without unduly impinging on the rights of defence of the undertakings involved.