Judicial Review of Merger Control Decisions in the European Union

44 Pages Posted: 26 Mar 2011 Last revised: 1 Aug 2011

See all articles by Anthony Valcke

Anthony Valcke

University of Kent, Brussels; Vesalius College; European Citizen Action Service (ECAS)

Francisco Todorov

Baker & McKenzie

Date Written: 2006


For a long time it has been commonly perceived that the decisions of the European Commission appraising mergers have, for many reasons, not been fully subjected to substantive judicial review. However, this familiar criticism now seems to have been partly addressed by recent developments, for not only has the CFI introduced a fast-track procedure to review certain merger decisions, but it has also become significantly more interventionist in reviewing the Commission's substantive examination of mergers, as its overruling of the Commission's decisions in the following cases in the last years seems to indicate. This substantial evolution of judicial review of merger decisions has renewed interest and debate in the subject. This article will briefly describe the European Communities institutional framework and the role of judicial review within the European Communities in general. Later on, it addresses certain procedural aspects of the current system of judicial review inherent to the European Union merger review process and will, it is hoped, serve as a useful guide to the process of judicial review of merger control decisions in the European Union.

Keywords: antitrust, competition law, merger, European Union, judicial review

JEL Classification: K21, K33, K41, K42, L4

Suggested Citation

Valcke, Anthony and Todorov, Francisco, Judicial Review of Merger Control Decisions in the European Union (2006). Antitrust Bulliten, Vol. 51, No. 2, 2006. Available at SSRN: https://ssrn.com/abstract=1795084

Anthony Valcke (Contact Author)

University of Kent, Brussels ( email )

Espace Rolin, Boulevard Louis Schmidt 2A
Brussels 1040

HOME PAGE: http://www.kent.ac.uk/brussels/staff/profiles/external/valcke.html

Vesalius College ( email )

Pleinlaan 2
Brussels, B-1050

HOME PAGE: http://www.vesalius.edu/biographies/anthony-valcke-llm/

European Citizen Action Service (ECAS) ( email )

Avenue de la Toison d'Or, 77
Brussels, B-1060

HOME PAGE: http://www.ecas.org/eu-rights/eu-rights-clinic/introduction/

Francisco Todorov

Baker & McKenzie ( email )

United States

HOME PAGE: http://www.bakermckenzie.com

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