Following an examination of the present procedures of the European Commission in competition cases under Regulation 1/2003, this paper finds that the existing safeguards for due process are not sufficient and explains why reform is urgently needed. Three possible radical solutions are outlined: 1) setting up a decision-making body within the Commission, 2) setting up a separate European competition authority and 3) making the Commission a “prosecutor” bringing competition cases before the General Court, which would adopt the first legally binding decisions.

John Temple Lang is a consultant based in the Brussels law office of Cleary Gottlieb Steen & Hamilton LLP. Dr. Lang's practice is primarily in European Union law, especially antitrust and competition law.