ASCOLA Competition Law series
Edited by Paul Nihoul and Tadeusz Skoczny
Chapter 13: Deferential standard of judicial review in the light of Article 6 of the ECHR
The EU courts have been criticized by competition law scholars for exercising insufficient review when it comes to the EU Commission’s determinations in factual and economic matters. It has also been claimed that the General Court leaves the Commission too broad a deference when it comes to the assessment of fine for violation of Article 101–102 of the TFEU. Against this background the chapter analyses the standards of judicial review in the light of Article 6 of the European Convention on Human Rights (ECHR). The question is asked whether deferential standard of review is permissible under the full jurisdiction principle prescribed in Article 6(1) of the ECHR. The analysis of the European Court of Human Rights jurisprudence leads to the conclusion that deferential standard of review may be found under certain conditions to be compatible with Article 6 of the ECHR.
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