Fair and effective competition policy in the EU: Which role for authorities and which role for the courts after Menarini
Posted by D. Daniel Sokol
Marco Bronckers, Leiden University – Leiden Law School Anne Vallery, ask Fair and Effective Competition Policy in the EU: Which Role for Authorities and Which Role for the Courts after Menarini.
ABSTRACT: Competition law enforcement in the EU and in most EU Member States follows an administrative model: decisions on the infringement and on the fine are taken by an administrative agency; when courts are called upon to review these decisions they traditionally leave a large measure of discretion to these agencies. With the considerable increase in fines, and attendant measures such as recidivism factors, this model has now clearly taken on features of criminal enforcement. From a fundamental rights perspective serious questions have arisen as to whether this model still conforms to the precepts of a fair trial. These questions were addressed in part in the recent Menarini-judgment of the European Court of Human Rights and subsequent judgments by the European Courts (KME, Chalkor, Posten Norge). These recent judgments show that judicial review of administrative competition law fines will have to intensify. Fairness also requires at some point a shift from administrative to judicial enforcement.
Featured News
Redfin Settles $9.2M Commission Inflation Lawsuits
May 7, 2024 by
CPI
DOJ Supports Colorado’s Efforts to Block Kroger-Albertsons Merger
May 7, 2024 by
CPI
Japan Considers Regulation of AI Developers
May 7, 2024 by
CPI
European Commission Extends Decision Deadline for Ita-Lufthansa Merger
May 7, 2024 by
CPI
UK, US and Australia Sanction Senior Leader of LockBit Cybercrime Gang
May 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI