Transparency and Process: Do We Need a New Mandate for the Hearing Officer?

"The Lisbon Treaty, with the EU Charter on Fundamental Rights, puts the spotlight on the issues of due process and fairness in the Commission’s antitrust procedures."

"With this article, we point out the main areas where updates and amendments to the role of the Hearing Officers are required if the Hearing Officers are indeed to constitute “independent guardians” of procedural rights. Strengthening the role of the Hearing Officers is a way of strengthening due process and fairness of the Commission’s process in general—without a need to undertake “any radical changes”. Our conclusion is that in order to achieve that goal the Hearing Officers need a new Mandate; a Mandate that properly reflects the function of the Office by entrusting the Hearing Officers with responsibility and real powers (Section B), ensuring the impartiality and independence of the Hearing Officers and transparency of their actions (Section C), and making the Oral Hearing a meaningful fact-finding exercise (Section D)."