European Competition Law: Enforcement Or Regulation After Intel?

The EUCJ Intel decision is a reminder that European competition law looks different from that of the North American jurisdictions where economic effects drive enforcement policy and a tradition of due process and procedural fairness exists. Intel suggests limits to DG Competition’s enforcement with regard to due process and is a wakeup call for DG Competition to reiterate its commitment to procedural fairness.

Although there is some gap as between North American and European views on economic