Procedural Fairness in Competition Proceedings
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Procedural Fairness in Competition Proceedings

Edited by Paul Nihoul and Tadeusz Skoczny

How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.
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Chapter 13: Deferential standard of judicial review in the light of Article 6 of the ECHR

Maciej Bernatt


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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