Keywords
fines, antitrust proceedings, unlimited jurisdiction, appeals, principle of the proportionality, right to fair trial
Abstract
The aim of this article is to analyse the extent of judicial review exercised by the EU courts over the European Commission’s decision imposing fines in EU competition law. When considering appeals against fines in competition law, the position of the EU courts are limited to a review of imposed fines in respect of the European Commission’s Guidelines instead of an exercise of a more comprehensive appellate review. The review should not only be a control of legality but it has to be an unlimited merits control. An appeal control should be directed to review fully the facts and to control proportionality of the imposed fines. The article analyses also the question of the protection of fundamental rights in the scope of the review over decisions imposing fines. For that purpose, the article provides also a comparative analysis of the selected judgments of the EU courts and the European Court of Human Rights.
Recommended Citation
Baran, M., & Doniec, A. (2012). EU Courts’ Jurisdiction over and Review of Decisions Imposing Fines in EU Competition Law. Yearbook of Antitrust and Regulatory Studies, 5(6), 235-259. Retrieved from https://press.wz.uw.edu.pl/yars/vol5/iss6/11
First Page
235
Last Page
259
Page Count
24
Publisher
University of Warsaw
Publication Date
2012-03-30
