Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 29: Shaping or Administrating the Law? Reflections on the European Courts’ Decision-making Practice in the Field of Competition Law

Frank Montag


JOBNAME: Trade and Competitio PAGE: 1 SESS: 52 OUTPUT: Mon Jun 20 16:16:16 2011 29. Shaping or administrating the law? Reflections on the European Courts’ decision-making practice in the field of competition law* Frank Montag** 29.1 INTRODUCTION When I was invited by the editors to make a contribution to this liber amicorum for Jacques Bourgeois, I did not hesitate one second to agree. I have known Jacques for more than two decades. For me he has always been a most admired example of encyclopaedic knowledge of European competition and trade law combined with the sound judgement of a seasoned practitioner both as a European official and later in private practice – and he has a great sense of humour. My brief reflections concern issues that, I believe, have been close to Jacques Bourgeois’s heart, namely the role of the European courts in developing the law and reviewing the decisions of the European Commission. I will make two main propositions. The first is to remove existing legal uncertainties in European competition law: courageous courts, which take a lead in actively exercising the discretion they have been granted, are needed. The second is that the Commission’s decisions must be subject to full and unfettered judicial scrutiny, a demand that will be at the centre of the discussions below. * This contribution is based on a discussion statement by the author at the 4th Luxembourg Expert Forum on the Development of Union Law, 6 and 7 September 2010. ** The author...

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