Already holding a very prominent position in competition law, in 2008 the Commission also stepped into the arena of private enforcement. The action for damages, however, was brought against the members of a cartel, which the Commission itself had imposed fines against, beforehand. That raised the question of conformity with the defendants' right to a fair trial. Notwithstanding that the European Court of Justice ('ECJ') rejected the defendants' doubts in its judgment of 6 November 2012, this ruling clearly focusses the attention on the concentration of powers in hand of the Commission. It therefore shall serve as a starting point for dwelling on the adjudicatory role of the Commission or the question whether fundamental rights require competition fines to be imposed by the Courts, respectively. In fact, much of the criticism of the current system - though there would certainly be much to be said about issues of due process - appears to stand and fall with the answer to that question.
World Competition