Law, policy, expertise: hallmarks of effective judicial review in EU competition law

Ibáñez Colomo, Pablo ORCID: 0000-0001-7019-0645 (2023) Law, policy, expertise: hallmarks of effective judicial review in EU competition law. Cambridge Yearbook of European Legal Studies, 24. 143 - 168. ISSN 1528-8870

Text (Ibanez-Colomo_law-policy-expertise--published) - Published Version Available under License Creative Commons Attribution. Download (222kB)

• Scopus publication

Abstract

This article discusses the techniques—‘hallmarks’—that the EU courts have developed to ensure that judicial review remains effective in competition law. These hallmarks can be grouped into three main categories. Some of them concern the interpretation of substantive law, namely the definition of legal tests and their consistent use over time. Some, the need for administrative action to rely on the best available evidence (which comprises both reliance on the expert consensus and the careful examination of the economic and legal context). A third category relates to the scrutiny exercised over the policy statements through which the European Commission chooses to constrain its discretion.

Item Type:	Article
Additional Information:	© 2023 The Author
Divisions:	Law
Subjects:	K Law
Date Deposited:	14 Nov 2022 16:27
Last Modified:	12 Dec 2024 03:24
URI:	http://eprints.lse.ac.uk/id/eprint/117337

Actions (login required)

View Item