The Future of the Court of Justice in EU Competition Law - New Role and Responsibilities

24 Pages Posted: 16 May 2012  

Nicolas Petit

University of Liege - School of Law; International Center for Law & Economics (ICLE); University of South Australia - School of Law

Date Written: May 16, 2012

Abstract

This paper seeks to offer perspectives of the future role of the upper EU Court in competition law matters. It argues first that due to several institutional, substantive and procedural idiosyncracies, the Court's rule-making function will gain further importance. The raft of recent preliminary references that landed before the Court in X BV, VEBIC, Tele2 Polska, Pierre Fabre Dermocosmétiques, FAPL and Pfleiderer brings support to this prediction. In turn, the paper argues that with this role, come the heightened responsibility of setting the 'right' competition law standard. Given the lack of benchmark to distinguish what makes good and bad law, the paper offers thoughts on the necessity to set 'consistent' competition law standards, and explores several facets of rule-making consistency.

Keywords: competition law, Court of Justice, case-law, rule making, consistency, norms, standards, judicial review

JEL Classification: K21, L10, L40, L41, L42, D61

Suggested Citation

Petit, Nicolas, The Future of the Court of Justice in EU Competition Law - New Role and Responsibilities (May 16, 2012). Available at SSRN: https://ssrn.com/abstract=2060831 or http://dx.doi.org/10.2139/ssrn.2060831

Nicolas Petit (Contact Author)

University of Liege - School of Law ( email )

B-4000 Liege
Belgium

International Center for Law & Economics (ICLE) ( email )

United States

HOME PAGE: http://www.laweconcenter.org/contact.html

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

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