Der Anspruch auf ein kontradiktorisches Verfahren

The European antitrust proceedings are to be conducted in an adversarial manner from the date on which the undertakings concerned receive the statement of objections. However, due to the criminal nature of the proceedings for the setting of fines, the procedural practice does not meet the requirements of a genuine adversarial conduct of proceedings. Against the background of the European antitrust procedure, the author elaborates the right to an adversarial procedure as a right of defense in distinction to the guarantee of the right to be heard, evaluating the case law of the ECHR as well as of the ECJ and the CFI. The results of the work are not limited to European antitrust proceedings, but can also be applied to national procedural law.