The intensity of judicial review in complex economic matters-recent competition law judgments of the Court of Justice of the EU

José Luís da Cruz Vilaça

Research output: Contribution to journalArticlepeer-review

6 Citations (Scopus)

Abstract

Judges are faced with great challenges when judicial review is carried out in a complex economic environment, such as that concerning the application of competition law, as they are required to turn economic theories into clear and predictable legal criteria. Traditionally, the Court of Justice has taken a careful approach as to the scope and intensity of its own review of the Commission's decisions in complex economic matters. As more sophisticated economic analysis has been developed to fully grasp the impact of the conduct of undertakings on the market, the EU courts have progressively felt the need to strengthen their scrutiny in competition cases. The recent judgment in Intel is an important step, albeit limited, in this regard. Notwithstanding, the Court of Justice has always been most reluctant to replace its own assessment of facts for the complex assessments of an economic nature made by the Commission, and has never withdrawn from the strict conception of its powers of review on appeal.
Original languageEnglish
Pages (from-to)173-188
Number of pages16
JournalJournal of Antitrust Enforcement
Volume6
Issue number2
DOIs
Publication statusPublished - 1 Aug 2018

Keywords

  • Commission's margin of discretion
  • Complex economic appraisals
  • EU competition law
  • Evolution of the case-law
  • Intel judgement
  • Judicial review
  • Legal certainty
  • Review of legality

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