General Principles of Law in EU Antitrust Law

In Katja Ziegler, Päivi Neuvonen, Violeta Moreno-Lax, Research Handbook on General Principles of EU Law, Research Handbooks in European Law Series (Edward Elgar Publishing), Forthcoming

LUND UNIVERSITY LEGAL RESEARCH PAPER SERIES, LundLawCompWP 1/2019 May 2019

18 Pages Posted: 6 Jun 2019

See all articles by Max Hjärtström

Max Hjärtström

Lund University

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Date Written: May 10, 2019

Abstract

This paper analyses the role of three GPEUL within competition law: the principle of effectiveness, the principle of proportionality and the principle of non-discrimination. The role as well as the actual use of these principles in competition law varies significantly between the procedural and the substantive assessment. Whilst the protection of fundamental rights is considered intrinsic to any legal proceedings, the substantive assessment of competition law is largely based on economic reasoning, affording a high margin of discretion to the Commission in making complex economic assessments, and thus leaving less space for unwritten legal principles within that assessment. Yet, these principles are affirmed, expressly or implicitly, in both procedural and substantive law, as this chapter will show.

Keywords: EU law, EU competition law, general principles of law, proportionality, non-discrimination, effectiveness

Suggested Citation

Hjärtström, Max and Nowag, Julian, General Principles of Law in EU Antitrust Law (May 10, 2019). LUND UNIVERSITY LEGAL RESEARCH PAPER SERIES, LundLawCompWP 1/2019 May 2019. Available at SSRN: https://ssrn.com/abstract=3383633 or http://dx.doi.org/10.2139/ssrn.3383633

Max Hjärtström (Contact Author)

Lund University ( email )

Box 117
Lund, S221 00
Sweden

Julian Nowag

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

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