Part IV The Rights of Defence, 12 Access to the File in Antitrust Proceedings Before the European Commission

This chapter discusses the right of access to the file in EU antitrust proceedings. Observance of the rights of defence in antitrust cases requires, among other things, that addressees of statements of objections must be enabled to express their views effectively on the documents used by the European Commission to support its allegation of an infringement. Against this backdrop, access to the file is intended in particular to enable these parties to acquaint themselves with the evidence in the Commission’s file. The chapter then details the various aspects of access to the file in antitrust procedures, setting out relevant legal provisions and instruments of soft law. It also identifies some guiding principles before describing the scope and content of the entitlement to access to the file, as well as the practicalities involved in the preparation for and the granting of such access.