Chapter

The Judicial Review of Cartel Control: Testing the Evidence and Due Process

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Second edition

Published in print December 2010 | ISBN: 9780199551484
Published online May 2011 | e-ISBN: 9780191594977 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199551484.003.0008

Series: Oxford Studies in European Law

The Judicial Review of Cartel Control: Testing the Evidence and Due Process

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Alongside the increasingly difficult and complex task of proving cartel activity and involvement for legal purposes there developed a responsive practice on the part of companies, seeking to the challenge the exercise of powers, decision-making, and the imposition of sanctions on the part of the European Commission. Large and well-resourced companies mounted appeals, invoking the basic rights protection accorded to individuals under the criminal law process at the national level. This chapter explores the development of judicial review of Commission cartel decisions carried out by the European Court of Justice and later the Court of First Instance (now the General Court), and the judicial response to basic rights argumentation in this context, as companies challenged the legality of investigations, formal decision-making, and the imposition of fines. The discussion touches upon underlying constitutional issues, such as the separation of powers in the context of EU institutions, and the level of basic rights protection appropriate for corporate actors.

Keywords: judicial review; Court of Justice; Court of First Instance; General Court; basic rights; appeals; investigations; sanctions; criminal law process

Chapter.  19008 words. 

Subjects: EU Law

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