Article 47 of the EU Charter of Fundamental Rights in EU Competition Enforcement : A Quantitative and Qualitative Assessment

The application of the EU competition rules has been entrusted with the European Commission, which enjoys extensive investigative and decision-making powers, while undertakings which have violated Articles 101 and 102 TFEU may be faced with heavy financial sanctions. Because of the combination of these two features, EU competition enforcement has been often challenged as unfair and has provided fertile ground for the development of procedural due process rights and guarantees in the EU. The aim of this chapter is to map and illuminate the way in which Article 47 CFR has been applied in the field of competition policy since the Treaty of Lisbon. To this end, the chapter first provides an overview in numbers of Article 47 CFR in the competition judgments of the EU Courts with a view to painting a more precise picture of its use. Then, it presents its various manifestations in competition cases and demonstrates that the scope of Article 47 CFR is broad and flexible, albeit not limitless. Taking a step back, the chapter then considers the operation of Article 47 CFR vis-à-vis other CFR provisions and Article 6 ECHR and reflects on its role in EU competition enforcement. As explained, Article 47 CFR has strengthened the fairness of EU competition procedures and decision-making and has enhanced the legitimacy of EU competition enforcement. At the same time, it has curbed the Commission’s discretion and thus, to some extent, its ability to act in case of a perceived problem