Full Judicial Review of Antitrust Cases after KME: A New Formula of Review?

Abstract

The standard of review in competition cases undertaken by the Court of Justice of the European Union was considered to be deferential towards the Commission. The Courts did not review thoroughly the amount of fines imposed and the complex economic assessments of the Commission. Concerns were raised about the possible contradiction of this kind of review with the Article 6 of the European Convention on Human Rights. The KME case introduces new, more thorough standard of review which is now in conformity with the requirements proclaimed by the European Court of Human Rights. The future problem might be the application in practice of this new “enhanced” review. Undertaking such review might prolong already a long time for judgments to be rendered, which might as well lead to the violation of the Convention.

Keywords: standard of review, competition, human rights