Enforcement and Procedure
Elgar original reference
Edited by Ioannis Lianos and Damien Geradin
Chapter 9: Judicial review in EU competition law
A principled and well-functioning regime of judicial review is a fundamental part of the European Union’s commitment to the rule of law, and of particular relevance in the field of EU competition law: over the last 50 years, the EU Commission has become one of the most powerful competition authorities worldwide. Efforts to strengthen private enforcement not with standing, the EU heavily relies on public enforcement to implement its competition rules. The EU Commission is at the center of this public enforcement regime. It is a specific feature of the EU Commission’s enforcement powers that it combines investigative, prosecutorial and decision-making powers. The risk of a prosecutorial bias is an obvious corollary of such an institutional design. Apart from procedural guarantees during the administrative proceedings and internal checks and balances, it must be countered by a strong and efficient regime of judicial review.
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