Centre d'Excellence Europe Capitole

The transactionnal approach in European Union antitrust law

Abstract :

The « transactional approach » is a radical change in Antitrust law of the European Union. It represents a movement of cases resolution based on mutual concessions between public authority and economic entities. The development of this approach was first born informally, and has been progressively formalized around leniency procedures, commitments and settlements. All of these procedures represent a transactional movement while tending to become the main source of Litigation in Antitrust law.Anyway, this development may have some risk of drift, especially with regard to the fundamental rights of the proceedings and the eviction of the judge. Therefore, its growing development justifies a major institutional reform.