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Bernatt, Maciej --- "Deferential standard of judicial review in the light of Article 6 of the ECHR" [2015] ELECD 1124; in Nihoul, Paul; Skoczny, Tadeusz (eds), "Procedural Fairness in Competition Proceedings" (Edward Elgar Publishing, 2015) 309

Book Title: Procedural Fairness in Competition Proceedings

Editor(s): Nihoul, Paul; Skoczny, Tadeusz

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785360053

Section: Chapter 13

Section Title: Deferential standard of judicial review in the light of Article 6 of the ECHR

Author(s): Bernatt, Maciej

Number of pages: 19

Abstract/Description:

The EU courts have been criticized by competition law scholars for exercising insufficient review when it comes to the EU Commission’s determinations in factual and economic matters. It has also been claimed that the General Court leaves the Commission too broad a deference when it comes to the assessment of fine for violation of Article 101–102 of the TFEU. Against this background the chapter analyses the standards of judicial review in the light of Article 6 of the European Convention on Human Rights (ECHR). The question is asked whether deferential standard of review is permissible under the full jurisdiction principle prescribed in Article 6(1) of the ECHR. The analysis of the European Court of Human Rights jurisprudence leads to the conclusion that deferential standard of review may be found under certain conditions to be compatible with Article 6 of the ECHR.