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Schweitzer, Heike --- "Judicial review in EU competition law" [2013] ELECD 1183; in Lianos, Ioannis; Geradin, Damien (eds), "Handbook on European Competition Law" (Edward Elgar Publishing, 2013) 491

Book Title: Handbook on European Competition Law

Editor(s): Lianos, Ioannis; Geradin, Damien

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546092

Section: Chapter 9

Section Title: Judicial review in EU competition law

Author(s): Schweitzer, Heike

Number of pages: 48

Abstract/Description:

A principled and well-functioning regime of judicial review is a fundamental part of the European Union’s commitment to the rule of law, and of particular relevance in the field of EU competition law: over the last 50 years, the EU Commission has become one of the most powerful competition authorities worldwide. Efforts to strengthen private enforcement not with standing, the EU heavily relies on public enforcement to implement its competition rules. The EU Commission is at the center of this public enforcement regime. It is a specific feature of the EU Commission’s enforcement powers that it combines investigative, prosecutorial and decision-making powers. The risk of a prosecutorial bias is an obvious corollary of such an institutional design. Apart from procedural guarantees during the administrative proceedings and internal checks and balances, it must be countered by a strong and efficient regime of judicial review.