Procedural rights are an essential tool for guaranteeing that the rule of law is
respected in competition cases. This applies both in merger cases, where the
competition authority needs to clear the merger before it takes effect (ex ante
cases), and in infringement cases, where the competition authority sanctions an
infringement that already took place (ex post cases). In both cases, stakes for the
undertakings are high. The clearance (or non-clearance) of a merger determines the
future profit-making ability of an undertaking. In infringement cases, sanctions tend
to be severe, which may be reflected in share value and may have an impact on the
image of the undertaking. Differences in procedural rights may hamper international
cooperation between competition authorities.1 Moreover, weak or
non-existing procedural rights may have an impact on the readiness of international
undertakings to enter the market in question.