Abstract

http://ssrn.com/abstract=2137524
 


 



Fair and Effective Competition Policy in the EU: Which Role for Authorities and Which Role for the Courts after Menarini


Marco Bronckers


Leiden University - Leiden Law School

Anne Vallery


VVGB Advocaten/Avocats, Brussels

July 5, 2012

European Competition Journal, Vol. 8, No. 2, 2012

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.

Number of Pages in PDF File: 17

Keywords: EU competition law, European Convention on Human Rights, competition law fines, judicial review of commission decisions

JEL Classification: D40, D42, K21, K41, K42, L4, L12, L40, L41, L43

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Date posted: August 29, 2012 ; Last revised: April 17, 2014

Suggested Citation

Bronckers, Marco and Vallery, Anne, Fair and Effective Competition Policy in the EU: Which Role for Authorities and Which Role for the Courts after Menarini (July 5, 2012). European Competition Journal, Vol. 8, No. 2, 2012. Available at SSRN: http://ssrn.com/abstract=2137524

Contact Information

Marco Bronckers (Contact Author)
Leiden University - Leiden Law School ( email )
P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands
Anne Vallery
VVGB Advocaten/Avocats, Brussels ( email )
13 Place Des Barricades
Vesalius Building, Barricadenplein
Brussels, 1000
Belgium
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