Jurisdictional vs. 'Juris…Fictional' Review in the Land of Menarini
22 Pages Posted: 18 Dec 2012 Last revised: 4 Feb 2013
Date Written: June 7, 2012
The increased level of enforcement seen across Europe, coupled with the seemingly unstoppable upward trend in fining policies, has revived the debate around the standard and degree of appellate review of antitrust decisions rendered by the EU Commission and National Competition Authorities (“NCAs”). In a scenario where unitary monetary sanctions exceed the €1 billion threshold, the long-standing criticism against a judicial model of review in which, in most jurisdictions, judges are generally empowered to merely monitor the legality of antitrust decisions, lacking the ability to fully second-guess or “retry” ex novo the case, is gaining new strength.
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