Judicial review in cartel cases
Title: Judicial review in cartel cases
Author: MARQUIS, Mel
Citation: Frédéric JENNY and Nicolas CHARBIT (eds), 2018 competition case law digest : a synthesis of EU and national leading cases, New York : Institute of Competition Law, 2017, pp. 195-225
ISBN: 9781939007599; 9781939007605; 9781939007612
The starting point for this chapter is that the maintenance of high standards of fundamental rights and due process in competition cases, and in cartel cases in particular, may imply greater effort and costs on the part of competition authorities but they likely enhance, rather than diminish, the effectiveness of the laws they are charged to enforce. In the light of this observation, the chapter reviews a series of developments concerning judicial review, in the broadest sense, at the EU and national levels. Part I of this chapter is entitled ‘Judicial deference versus judicial interventionism’. Part II is entitled ‘Effective judicial protection: procedural guarantees’. These two parts of the chapter are mutually linked, as the implicit and explicit themes underlying each include the role of appellate courts, the constitutional balance between institutions, the relationship between individual and collective interests, and the rule of law.
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