EDITORIAL: EUROPEAN COURT OF JUSTICE - PROCEDURE - EFFECTS ON THE MARKET - ANTICOMPETITIVE CONDUCT - FUNDAMENTAL RIGHTS - INVESTIGATIVE MEASURES

Recent trends at the Court of Justice of the European Union

This editorial is the written version of a speech given at the ’Concurrences’ Annual Dinner at New York on 6 September 2018. It identifies and discusses three recent trends of antitrust litigation at the European Court of Justice. These three trends are, respectively, of a structural, substantive and procedural nature. Thus the author discusses the progressive decrease in the quantity of cases brought before the EU courts in direct actions, the renewed interest by EU judges to analyze the concrete effects on the market of a conduct alleged to be anticompetitive, and the trend to give substance to the fundamental rights invoked by undertakings affected by the investigative measures of the Commission. While the author considers two of these trends to be clearly positive, judgment is reserved on the structural changes concerning antitrust litigation at the Court of Justice.

In this editorial, three recent trends of antitrust litigation at the Court of Justice of the European Union shall be identified and discussed. The first is a structural/systemic one. To put this into proper context, please allow me to jump back in time: one hundred years, to be precise. Indeed, the year 2018 is the centennial of Woodrow Wilson’s “Fourteen Points” speech. Nine months after the United States had entered World War I, President Wilson appeared before Congress to outline his plan for a postwar peace. In just over 1,200 words, his speech contributed to changing the world. In particular, he suggested ending secret treaties, ensuring freedom of the seas, promoting reciprocal and free trade and creating “a general association of nations” in order to guarantee the “political

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  • European Court of Justice (Luxembourg)

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Nils Wahl, Recent trends at the Court of Justice of the European Union, November 2018, Concurrences Review N° 4-2018, Art. N° 88071, www.concurrences.com

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