EU Courts’ Jurisdiction over and Review of Decisions Imposing Fines in EU Competition Law
Languages of publication
The aim of this article is to analyse the extent of judicial review exercised by the EU courts over the European Commission’s decision imposing fines in EU competition law. When considering appeals against fines in competition law, the position of the EU courts are limited to a review of imposed fines in respect of the European Commission’s Guidelines instead of an exercise of a more comprehensive appellate review. The review should not only be a control of legality but it has to be an unlimited merits control. An appeal control should be directed to review fully the facts and to control proportionality of the imposed fines. The article analyses also the question of the protection of fundamental rights in the scope of the review over decisions imposing fines. For that purpose, the article provides also a comparative analysis of the selected judgments of the EU courts and the European Court of Human Rights.
- Andreangeli A., EU Competition Enforcement and Human Rights, Cheltenham 2008.
- Castillo de la Torre F., ‘Evidence, Proof and Judicial Review in Cartel Case’, [in:] Ehlermann C. D., Marquis M. (eds.), European Competition Law Annual 2009: Evaluation of Evidence and its Judicial Review in Competition Cases, London 2011.
- Dethmers F., Engelen H., ‘Fines under article 102 of the Treaty on the Functioning of the European Union’ (2011) 32(2) European Competition Law Review 86.
- Emberland M., The Human Rights of Companies: Exploring the Structure of ECHR Protection, Oxford 2006.
- Forrester I., ‘A challenge for Europe’s judges: the review of fines in competition cases’ (2011) 36(2) European Law Review.
- Forrester I., ‘A Bush in Need of Pruning: the Luxuriant Growth of Light Judicial Review’, [in:] Ehlermann C. D., Marquis M. (eds.), European Competition Law Annual 2009: Evaluation of Evidence and its Judicial Review in Competition Cases, London 2011.
- Forrester I., ‘Due Process in EC Competition Cases: A distinguished Institution with Flawed Procedures’ (2009) 34(6) European Law Review.
- Geradin D., ‘The EU competition law fining system: a reassessment’ (2011) 052 Tilburg University - Tilburg Law and Economics Center (TILEC) Discussion Paper.
- Kerse C.S., Khan N., EC Antitrust Procedure, 5th ed. London 2004.
- Kowalik-Bańczyk K, The issue of the protection of fundamental rights in EU competition proceedings, z. 39, Centrum Europejskie Natolin, Warszawa 2010.
- Slater D., Tomas S., D. Waelbroeck, ‘Competition law proceedings before the European Commission and the right to a fair trial: no need for reform?’ (2008) 04 Global Competition Law Centre Working Papers Series (also published in (2009) 5(1) European Competition Journal).
- Vesterdorf B., ‘The Court of Justice and Unlimited Jurisdiction: What does it mean in practice’ (2009) 2 Global Competition Policy.
- Waelbroeck D., D. Fosselard, ‘Should the decision-making power in EC antitrust procedures be left to an independent judge? – the impact of the European Convention on Human Rights on EC Antitrust procedures’ (1994) 14 Yearbook European Law.
- Wils W.P.J, ‘The Increased Level of EU Antirust Fines, Judicial Review and the European Convention on Human Rights’ (2010) 33(1) World Competition.
Publication order reference