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7 Judicial Review of Cartel Decisions

Dirk Arts, Xavier Lewis, Maria Moustakali

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 03 December 2021

Subject(s):
Cartels — European Union — ECHR tribunal — Regulation 1/2003

The principle of effective judicial protection, enshrined in Article 6 ECHR and Article 47 EU Charter, requires that all decisions taken by an administrative authority, including European Commission cartel decisions, are subject to review by a judicial body that has full jurisdiction to review the decision. The chapter applies the action for annulment provided for under Article 263 TFEU to cartel investigations, and also discusses the unlimited jurisdiction of the EU Courts pursuant to Article 261 TFEU and Article 31 of Regulation 1/2003. The scope of judicial review is discussed by Dirk Arts (Allen & Overy, Brussels) from a private practitioner’s perspective, and by Xavier Lewis and Maria Moustakali (Legal and Executive Affairs Department, EFTA Surveillance authority) from a public enforcer’s perspective.

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