Abolishing Formal Complaints? Balancing Technical Expertise and Efficiency with Democratic Accountability in the European Commission’s Decision-Making

In this paper, we argue that the European Commission should reconsider its recent proposal to abolish the mechanism of formal complaints.

The rules and constitutional principles underlying the participation of formal complainants in EU antitrust procedures were developed by the case law of the EU Courts, and served as a blueprint for other areas of EU administrative law enforcement.

The Commission’s proposal can be justified on procedural efficiency grounds; however, it raises serious concerns about the legitimacy, transparency, and accountability of the Commission’s administrative decision-making.

We propose three alternative ways to optimise the current complaint handling system.