Breaking the EU antitrust enforcement deadlock: re-empowering the courts?

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Series Details Vol.36, No.4, August 2011, p457-479
Publication Date August 2011
ISSN 0307-5400
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Examines the change in the enforcement of EU competition law, characterised by increased fines and a greater reliance on negotiated procedures. Looks at the adoption of the Fining Guidelines in 1998, the leniency programme and cartel proceedings, dominance cases and commitment proceedings, the EU courts' annulment jurisdiction under the Treaty on the Functioning of the European Union art.263, the jurisdiction under Regulation 1/2003 art.31, and the standard of review applied by the courts. Argues that the EU courts should exercise a full appellate review of Commission decisions imposing a fine by virtue of the jurisdiction conferred by art.31.

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