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
Date Written: May 10, 2019
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
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