Introduction

Procedural rights are an essential tool for guaranteeing that the rule of law is respected in competition cases. This applies both in merger cases, where the competition authority needs to clear the merger before it takes effect (ex ante cases), and in infringement cases, where the competition authority sanctions an infringement that already took place (ex post cases). In both cases, stakes for the undertakings are high. The clearance (or non-clearance) of a merger determines the future profit-making ability of an undertaking. In infringement cases, sanctions tend to be severe, which may be reflected in share value and may have an impact on the image of the undertaking. Differences in procedural rights may hamper international cooperation between competition authorities. Moreover, weak or non-existing procedural rights may have an impact on the readiness of international undertakings to enter the market in question.