Antitrust

The ECBA has long campaigned that there are no real procedural rights to defendants and accused persons, without access to a lawyer to advise on and assert those rights on behalf of the individual.  In order to ensure access to justice and a lawyer, there is also a need for access to free legal advice through availability of legal aid. In particular, where there are increasing mutual recognition instruments, there is generally a need for advice in both the issuing and executing states to ensure that procedural safeguards are not breached.

Measure C of the Roadmap of Procedural Safeguards introduced by the Stockholm Programme is “Legal Advice and Legal Aid”.

The ECBA is involved in advising the Commission and gathering information to assist in the drafting of this proposal. 

The ECBA is also involved in various projects related to legal aid, including the current project with Justice on legal aid in European Arrest Warrant cases.

If you are interested in a Project and/or Working Group please contact the secretariat (This email address is being protected from spambots. You need JavaScript enabled to view it.).

Combating cartel offences is on the European centre stage. The EU commission’s way of combating alleged cartels by draconian sanctions was subject to criticism from the very beginning. However, the pinnacle of cartel regulation was reached when Council Regulation (EC) No 1/2003 was introduced. Since then, if a company infringes Art 81 or Art 82 of the Treaty – for example by price-fixing – it can be held liable to an administrative fine that shall not exceed 10 per cent of its total turnover in the preceding business year.